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Feel free to regulate worker conduct in company van

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in Employment Law,Human Resources

Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.

Recent case: Arnaldo and several other employees at a theme park regularly used a company-provided car­­pool van to commute to and from work. When they signed up for the service, they agreed not to drink alcohol while riding in the van. They were fired when a co-worker reported that they had been drinking on the way home.

They sued, alleging that the park had no right to limit their participation in a legal activity—drinking alcohol while riding (not driving) in a carpool van.

The court tossed out their case, ruling that the employer had the right to limit such employee behavior. (Pinto, et al., v. Disney, No. 11-56781, 9th Cir., 2013)

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