Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
How Employers Should Address the Growing Use of Social Media
Alabama Governor Robert Bentley has signed into law SB286, a bill that limits employers’ restrictions on employee possession of guns in their cars at work. The House of Representatives voted 73-28 on Monday to approve a...more
In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more
When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more
The U.S. Court of Appeals for the D.C. Circuit’s legal sparring with the National Labor Relations Board (NLRB) continued on Tuesday when a unanimous panel held that the NLRB’s poster rule was invalid because it infringed on...more
A federal appellate court yesterday rejected the National Labor Relations Board’s “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s employee-rights poster. Last...more
The role of intent in the determination of whether a worker is an employee or independent contractor has taken on greater significance in the last decade or so. However, despite a series of decisions on the issue from the Tax...more
Charlotte Restaurant Fired Muslim for Not Cutting His Beard, Which His Religion Forbids, Federal Agency Charges - CHARLOTTE, N.C. - Bo-Cherry, Inc., a North Carolina corporation that operates several Bojangles'...more
1. What are the primary sources of labor and employment rights in Brazil? There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação...more
On 3 December 2012, the UK Government published its response to a consultation paper on the Chancellor’s proposal for implementing a new “employee shareholder” status. Whilst acknowledging that only “a very small number of...more
In December, the Fair Employment and Housing Commission approved an overhaul of California's disability discrimination regulations as one of its last acts before being replaced by the Fair Employment and Housing Council on...more
Our first Corporate Law Report of the new year offers executives and in-house counsel a look at some of the key stories we are following right now: What to do about Cybersecurity; how to handle social media from the...more
Spilman Member Eric E. Kinder discusses the growing and evolving issues that surround social media in the workplace. The video is an intro to a white paper that discusses employee rights and social media, risks associated...more
Several members of the New York City Council have introduced a bill that would amend the City’s Human Rights Law to permit employees to waive a Human Rights Law claim only where the waiver is “knowing and voluntary.” Such a...more
Pastor v. Partnership for Children’s Rights, 10-cv-5167 (E.D.N.Y. Sept. 27, 2012): In this discrimination case, the Partnership for Children’s Rights sought to dismiss the complaint on the grounds that it was not an...more
Recent federal cases suggest that an employer may not be liable for religious discrimination if the employer offers an accommodation that is reasonable and does not cause the employer an undue hardship. However, employers...more
On June 15, 2012, President Obama announced the Deferred Action for Childhood Arrivals Program (DACA), creating a firestorm of reaction regarding its implications on immigration policy and the affected young people. Some...more
According to the Pew Research Center more than 50% of Facebook users are older than 35. While most are not posting images of themselves wasted at a party or a springbreak trip they believe that their Facebook page enjoys a...more
A recent announcement from the U.S. Labor Department's Wage and Hour Division highlights the risks that healthcare employers face when they do not properly compensate employees for overtime hours and do not maintain accurate...more
Today, technological advances make it easier for companies to track exactly where their products are at any given time. These same advances have given employers a similar opportunity to track their employees. Global...more
In the information age, it may be tempting for employers to seek out personal information about prospective employees before making a hiring decision and, given the number of social media outlets, including Facebook, it is...more
New Laws Clamp Down On Employee Misclassifications By Frank L. Brunetti on April 6th, 2012 Employers may be paying closer attention to how they classify workers in light of new state statutes that are being adopted in...more
Earlier this month, the Obama Administration released its proposed budget for fiscal year 2013. It reveals that New York and New Jersey employers should expect heightened enforcement and regulatory activity, particularly in...more
Originally published in InsideCounsel.com - March 5, 2012. Penalties for misclassifying employees as independent contractors could be severe In one of the most noteworthy collaborations of 2011, the U.S....more
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