Best Management Practices

News & Analysis as of

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and...more

Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For...more

The ERISA Litigation Newsletter - May 2015

Editor's Overview - This month we focus on the EEOC's proposed rules concerning wellness programs. As our colleague, Amy Covert, discusses, a recent change of position by the EEOC provides employers with opportunities...more

Guidance for Incident Response Plans  

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

To Be or Not To Be (an Employer) [Video]

Presented by J. Travis Hockaday and Megan P. Black Regulators from a wide variety of government agencies continue to scrutinize relationships between businesses and the people and entities that provide services to them in...more

Union or Not, the NLRB Has Employers (and Their Employee Handbooks) In Its Sights

Here’s something that often comes as a surprise to my clients with a non-union employee base: the NLRA (National Labor Relations Act) likely applies even without any union employees. Yep – you read that...more

Transgender Complaints on the Rise: What Should Employers Do?

The President, the EEOC and the Justice Department have announced that gender identity discrimination is prohibited sex discrimination under Title VII. Since these declarations, the number of lawsuits alleging gender identity...more

Courts continue to back employers with strong timekeeping policies, practices

One of the most difficult issues facing employers is off-the-clock work. Employers may find themselves having to pay for this time even if they do not authorize it. Fair Labor Standards Act (FLSA) regulations state that the...more

Legal Help with Labor and Employment Disputes

Scenario No. 1: One of your key employees e-mails you to tell you the stress of the job has given her medical problems, and that this situation is made worse by the breakup of her relationship with one of your managers. You...more

Employer’s Use of DNA Test to Catch Employee Engaging in Inappropriate Workplace Behavior Violates Federal Law, Says U.S. District...

If someone continually, yet anonymously, defecated on the floor of your workplace, you’d probably want to use any and all legal means at your disposal to identify and discipline the perpetrator. Your methods might include...more

[Webinar] Benchmarking Your Policy Management Program - May 21, 10:00am PT / 1:00pm ET

Join this free webinar to hear compelling survey results and answers to questions such as: What are organizations doing to address policy management today? What are E&C leaders’ top policy management...more

Employers: 9 Provisions You Need in a Whistleblower Policy

A potential whistleblower need only run a quick Internet search to find many attorneys ready to take his or her case. Knowing this, employers need to be proactive: Any employer handbook or policy and procedures manual should...more

Even If You Don’t Give Manicures – What All Employers Can Learn From Nail Salons

Many have been surprised and appalled with the recent series of articles in the New York Times exposing the alleged mistreatment of workers at nail salons. What struck me was how these articles should be a wake-up call for...more

The BakerHostetler Data Security Incident Response Report 2015

The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more

Will Your No-Smoking Policy Get Vaporized?

Wondering what your employee is smoking in the break room, likely in violation of your “no-smoking” policy? Chances are it is an electronic smoking device, such as an e-cigarette or vaporizer. What should you do about it?...more

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

New Guidance Regarding Employee Handbooks – Part Four: Permissible Rules Restricting Photography and Recording: A Snapshot

This post is the fourth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules, and regarding Employee...more

Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows

Conducting workplace investigations is one of the most challenging and most important duties that Human Resource professionals must take on. With the slew of existing laws, how Human Resource professionals respond to...more

Stop. Wait a Minute. I Have a Few Questions Before You Drive Away

With the continued success of the auto industry, comes the increase in employee mobility. Regardless of how great you are as an employer, not all of your employees will stick around forever, especially your most valuable...more

The Inside Scoop: Top 10 Employer Mistakes According to the Solicitor of Labor

Meeting in our nation's capital and having a strong public policy group have some definite perks, such as getting the inside scoop on employment law trends directly from the Department of Labor's Solicitor. During a recent...more

Employer Can Proceed With Breach Of Noncompete And Trade Secrets Claims Against Former Employee Who Refused To Relinquish Control...

Recently, an Illinois federal district court denied in part an employee’s motion to dismiss various claims asserted by his former employer, allowing the employer to proceed with its claims for breach of a non-compete...more

NC Court of Appeals Addresses Causation Standard for Workers’ Compensation “Misrepresentation Defense”

As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following...more

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

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