Best Management Practices

News & Analysis as of

Higher burdens in SOX whistleblower retaliation claims - 5 tips for employers

Two recent decisions have clarified the heightened burden facing employers addressing whistleblower retaliation claims under Section 806 of the Sarbanes-Oxley Act (SOX). On October 9, 2014, in Fordham v. Fannie Mae,...more

Top 12 Legal Mistakes Made by Startup Breweries and Distilleries

Undertaking any entrepreneurial endeavor can be a daunting task. It can get very complicated when doing so in a highly regulated environment, such as the one that governs the manufacture and sale of alcohol related products....more

Can Your Agency Afford to Employ "Sleep-Ins"?

Under the U.S. Department of Labor's Final Rule on Domestic Service, ("DOL Final Rule") effective January 1, 2015, home care agencies can no longer claim the companionship exemption. As a result, managed care companies may be...more

Best Practices for Handling Unemployment Compensation Claims Part 3: Appeals, Legal Counsel, & Quarterly Reports

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 3 of a 3 part...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Global HR Hot Topic—December 2014: Overseas Business Travel Liability and the Duty of Care in Times of Ebola

As of late 2014, the United States faced no Ebola pandemic whatsoever. The odds of catching Ebola in an American workplace remained statistically zero. Only a handful of Ebola cases had made their way to the United States,...more

Sherlock Holmes and Innovation in the Compliance Function – Part IV, The Valley of Fear

Today I conclude my dual-themed week of blog posts featuring Conan Doyle’s four Sherlock Holmes novels and innovation in the compliance function. As the compliance profession matures and we move into what I call the era of...more

Responding to West-African Employees who Travel to Ebola-Affected Countries - Employee Rights vs. Public Health Concerns

Buried near the end of articles in the New York Times and The Washington Post about the first United States Ebola patient, Thomas Eric Duncan, was the observation that the quarantine being imposed on Mr. Duncan’s fiancée, her...more

What Not To Talk About At Work

Managers have a special role for employers because they are your legal agents. What they say, do, and know can be attributed to you as their employer. Depending on the issue, you can even be strictly liable for the conduct of...more

Sherlock Holmes and Innovation in the Compliance Function, Part I – A Study In Scarlet

Today begins a week of double themed blog-posts. First I am back with an homage to Sherlock Holmes, for it was in the magazine Beeton’s Christmas Annual that the characters Sherlock Holmes and Watson were introduced to the...more

Bribery and Conflicting Messages

“Take risks” and “Don’t expose the company to bad press.” So begins a Harvard Business Review article “When Your Boss Gives You Conflicting Messages,” and “Prevent Conflicting Messages from Confusing Your Team,” by Len...more

9 Tips for a Safe and Liability-Free Holiday Office Party

The approaching holiday season offers employers the opportunity to show their appreciation for a year of hard work by hosting holiday parties where employees can relax and enjoy themselves with co-workers. However, without...more

Mental Health and the Workplace — Accommodations

Depression. Anxiety. Bipolar Disorder. These and similar mental health diagnoses may affect your boss, the CEO of your company, the head of HR, your assistant, two of your peer workers, or maybe even you....more

Ebola Preparedness

How should an employer respond when it learns that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been...more

2014 End of Year Plan Sponsor “To Do” List Part 2 – Qualified Retirement Plans

As 2014 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in three separate SW Benefits Updates. Part 1 of the series...more

How to Keep Your Business on the Nice List: 2014 Tips for Holiday Shopping Crowd Control

Effective crowd management should be a year-round priority for retailers, but Black Friday and the ensuing holiday shopping season elevates the importance of crowd control. It seems like each holiday season the media reports...more

How's Your ESI Score?

No question that customer satisfaction is a primary goal and focus for dealerships (and manufacturers). In a highly-competitive industry where products and prices can be virtually identical, dealerships understand that...more

Policy Management FAQs: Top 10 Questions from the Policy Bootcamp Webinar Series Answered

NAVEX Global recently hosted a three-part webinar series on how to take a step-by-step approach to rethinking, implementing and overseeing your policy management life cycle. Webinar attendees asked a number of valuable...more

Employee Communications: Your Internal Public Relations Campaign

If your organization regularly communicates with employees, then you understand the value of keeping employees informed about changes and plans for the organization. If you don’t have a program for regular employee...more

Toxic Work Cultures are (Really, Really) Bad for Business: Tech Sector Missteps Serve as Reminders for Us All

Rarely do we see an industry of professionals engage in misconduct as egregious as what we are seeing today in the tech sector. The intoxicating cocktail of power, money and prestige has combined to put many female...more

Ebola: best practices for US employers – 6 questions to ask

The 2014 Ebola outbreak is the largest one of its type in history and the first in West Africa. A severe and often fatal disease in humans, Ebola symptoms include fever, headache, joint and muscle aches, weakness, diarrhea,...more

Business Litigation Alert: "Protecting Employees from Ebola"

Now that the Ebola virus has made its way to the United States, there is understandable concern about contracting it. Obviously hospitals have a clear responsibility to protect their employees, but what about non-healthcare...more

Qualifying for 501(c)(3) Tax Exempt Status is Tricky

The entities in the following IRS Technical Advice Memorandum and Private Letter Rulings failed to qualify for tax exempt status because they were not operated exclusively for exempt purposes. An organization must be...more

Using Unpaid Interns Can Land Your Company in Class Action Hot Water

A recent surge in lawsuits against well-known New York-based fashion retailers and media giants, such as Oscar de la Renta, LLC; Marc Jacobs International, LLC; Donna Karan International, Inc.; Calvin Klein, Inc.; Coach,...more

Massachusetts Voters Approve Paid Sick Leave Measure

On November 4, 2014, Massachusetts voters approved by a decisive margin (approximately 60 percent in favor) a new measure requiring employers to provide sick leave to all employees (with certain limited exceptions regarding...more

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