0

0

0

0

0
0

May Employers Prohibit Their Employees From Bringing Guns to Work? Bruce E. Loren | Sep 24 2019

May Employers Prohibit Their Employees From Bringing Guns to Work?

These days you cannot turn on the television without hearing news about guns. Many of our clients have asked us whether they can enact employment policies that prohibit their employees from bringing guns to work. Legislation known as the “Bring Your Guns to Work Law” (the full title of the law is the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008”) restricts the ability of employers to maintain broad policies relating to employees bringing guns to work. Under the Bring Your Guns to Work Law, an employee who lawfully possesses a firearm may keep that firearm in his or her vehicle while parked in the company’s parking lot and employers may not have a policy prohibiting such conduct. Employers may not:

(a) ask employees whether they have guns in their vehicles;

(b) search an employee’s vehicle for guns;

(c) condition an offer of employment on whether a prospective employee has a concealed weapons license; or

(d) require employees to agree not to keep guns in their vehicles that are parking in the company’s parking lot.

To follow these mandates, employers should specify in their policies that employees may not bring guns to work EXCEPT for guns that are stored in their vehicles in the company’s parking lot. The Bring Your Guns to Work Law provides employers with immunity from civil suits arising from any “action or inaction” taken in connection with the Bring Your Guns to Work Law. This means that an employer would have a defense to claims of violence caused by individuals who legally stored guns in their vehicles.

There are some exceptions to the Bring Your Guns to Work Law. The Bring Your Guns to Work Law does not apply to: (a) schools; (b) correctional institutions; (c) property where a nuclear-powered electricity generation facility is located; or (d) property upon which the business conducted is the manufacture, use, storage, or transportation of combustible or explosive material.

If you have any specific questions concerning the Bring Your Guns to Work Law or best practices do not hesitate to contact an attorney experienced in employment law and human resources.

Bruce E. Loren of Loren & Kean Law is based in Palm Beach Gardens and Ft. Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law and employment law. The firm represents businesses in a wide range of disputes, including OSHA investigations and citation contests, DOL investigations, discrimination claims, and state and federal wage litigation. Mr. Loren can be reached at bloren@lorenkeanlaw.com or 561-615-5701.