Best Management Practices

News & Analysis as of

Arrival of Intern Season Means Prep Work For Employers is Key

With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S....more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

[Event] Executive Presence: Behaving and Performing as a Leader - May 12, Westport, CT

Please join the Wiggin and Dana Women's Network for an engaging presentation by Julie Jansen, a popular speaker, author and business consultant to Fortune 500 businesses, privately held companies and...more

EEOC Catches Up With the Wellness Wave

The Equal Employment Opportunity Commission (“EEOC”) has issued a proposed rule finally illuminating whether and to what extent incentives can be offered for participation in a wellness program that involves...more

Courts May Review the EEOC's Conciliation Efforts – Well, Sort Of

Title VII is clear: if the EEOC finds discrimination, it is supposed to "endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion." 42 U.S.C. §...more

California’s On-Duty Meal Period – Not a Waiver of a Meal Period!

Under California law, employees are required to take an off-duty 30-minute meal period before the end of the 5th hour of work. Employees who work less than 6 hours may waive the 30-minute meal period by mutual consent of the...more

Retaliation Claims Shouldn’t Be a Form of Job Security

I recently overheard a plaintiff’s employment lawyer quip that the best form of job security for an employee is to file a retaliation claim. While there may be some plausibility to that, it is certainly not a truism. There...more

Employer Wellness Programs: Finally (or at Least Potentially) Some Clarity

Late last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-anticipated proposed regulations regarding the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness...more

FCPA Compliance and Ethics Report-Episode 154-Compliance Leadership-Persuasion, Influence, Tools & Tips, Skills and Tips [Video]

In this episode, I discuss some of the tools which a compliance practitioner or CCO can use to further compliance in an organization. ...more

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court...more

Best Practices in Social Media for Employers Part 4 – Social Media: Post-Employment Considerations

After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more

Isn’t Consistency Great?

There is probably no more hard and fast rule, or favorite word of human resource professionals, than “consistency.” And we love consistency, right? It allows you to say “no” to an employee who wants something outside of the...more

Retaliation Claims Still Remind Us: Scrutinize Your Employment Decisions

For employers, retaliation is often worse than the original challenged behavior. But left unanswered in some instances is this question: What does an employee have to do to actually be protected by anti-retaliation...more

Another Whistleblower Award Wrinkle

There is no longer any doubt that the SEC is serious about implementing its whistleblower program. According its most recent award announcement, the program has now paid more than $50 million to whistleblowers since its 2011...more

Documenting Your Compliance Program

There are two important reasons for documenting a compliance program. First, a compliance record is valuable to a company’s compliance team as a reference to specific actions taken by compliance professionals and...more

Hiring Without Employment Law Headaches: Five Tips for Employers

On Friday, I had the opportunity to speak to the Human Resource Association of Greater New Haven. My sincere thanks to them for the invitation. The group asked me to talk about various legal traps employers face in the...more

Joint Employment: Whose Employees Are You Liable For?

Much has been written in recent months about the National Labor Relations Board (NLRB) standard for joint employment liability between separate businesses, especially with respect to franchisor McDonald’s Corporation, which...more

Anatomy of a (Big) Employment Verdict: Lessons from the Robertson Case

Last week, a federal jury in Pittsburgh awarded a former manufacturing employee, Sandra Robertson, over $13 million in damages in a gender discrimination and retaliation claim against her former employers, Hunter Panels LLC...more

Employer Not Required by ADA to Permit Employee to Telecommute

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions [Video]

Paul Karlsgodt, Leader of BakerHostetler's Class Action Defense team, talks about class actions privacy and litigation issues....more

Second Circuit Holds that Internal Complaints Suffice Under the FLSA’s Anti-Retaliation Provision

In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA). Employers within the Second Circuit — New York,...more

New OSHA Guidelines Underscore Workplace Violence Risks Faced by Healthcare and Social Service Workers

Workers in the healthcare and social service fields face a significant risk of job-related violence. In fact, according to the Occupational Safety and Health Administration (OSHA), while the number of days away from work due...more

Is Your Employee Handbook a Liability Shield or a Welcome Mat? Don't Let the NLRB Be the Center of Attention

Employers, attorneys, and human resource managers are bewildered at the National Labor Relations Board’s (“NLRB”) recent memo issued March 18, 2015. For better or worse (and most employers would say worse), the NLRB’s...more

Don't Let the Door Hit You … Oh, and I Have a Few Questions Before You Go

Regardless of how great you are as an employer, not all of your employees will stick around forever, especially your most valuable employees. If the employee is valuable to you, you can be sure he or she would be just as...more

Trolling Social Media To Find Your Disgruntled Employees

I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more

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