Employees

News & Analysis as of

The Use of the Exit Interview in Compliance

Blackie Sherrod died last week. To any reader of sports pages across the nation and most particularly in Texas, Sherrod was about as good as it got. For me, he was right up there with Red Smith, Frank DeFord and Shirley...more

44,000 FDIC customers’ data “inadvertently” taken by former employee

In a memo outlining a security incident as required by the Federal Information Security Modernization Act of 2014, the FDIC has admitted that the data of 44,000 FDIC customers was “inadvertently” taken by an employee as the...more

Florida’s Agency for Healthcare Administration Announces Crackdown on Employee Background Checks

Florida’s Chapter of the Assisted Living Federation of America just advised that Florida’s Agency for Healthcare Administration released an e-blast today warning that it will begin to carefully scrutinize employee rosters at...more

What is a Permanent Partial Disability Award?

After an employee returns to work after time off from a work-related injury, an employer may be tempted to believe they are off the hook for future payments. Many employers, however, are surprised to find that several months...more

How Far Does the "Functional Equivalent" Standard Extend?

Many previous Privilege Points have addressed the corporate-friendly "functional equivalent" doctrine, under which non-employees who essentially act as employees are inside privilege protection. An equal number of Privilege...more

New York Expands Liability for Employee Claims for Unpaid Services Performed in New York to the Top 10 Shareholders of Privately...

Under a New York law in effect for decades, the top 10 shareholders of a privately held New York corporation can be held liable in certain circumstances for amounts owed to the corporation's employees. On January 19, 2016,...more

Do Your Employees Hate Trump? Comb-over Your Social Media Policy before the Caucus

The media is buzzing about presidential candidates, and it is only revving up as the Iowa caucuses—the first to be held in the country each year—draw near on February 1st. Following closely on Iowa’s heels will be New...more

NLRB Seeks Briefs on Question of Graduate Students' Right to Organize

On January 13, 2016, the National Labor Relations Board issued a call for interested parties to file briefs addressing the Board’s current standard on whether graduate student assistants are “employees” under the National...more

Effective Implementation of Workplace Technology

There are hundreds (if not thousands) of new technologies available to employers, all promising to solve problems and make life easier. We’ve written about the risks of the technology itself, but it’s worth noting that poor...more

New Jersey Supreme Court Establishes Test for Compensation Disgorgement When Employee Breaches Duty of Loyalty

The New Jersey Supreme Court has held that a court may order the disgorgement of an employee's compensation when the employee has breached his or her duty of loyalty to the employer—even if the employer has not sustained...more

Best in Law: Data Security and the Inside Job

If you are a business owner in the Inland Empire, what would you identify as the greatest threat to the security of your data? Is it hackers looking for credit-card numbers? Could it be foreign governments stealing industrial...more

You May Have to Produce PMK Witnesses, Unless You’re a File-Sharing Business

If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees...more

New UK Regulations to Govern Whistleblowing in Financial Institutions

This month, the FCA and PRA announced a new regime for whistleblowing that will start to be phased in from March 2016. This is part of the broader desire on the part of the UK regulators to encourage individuals to raise...more

The Boss, the Hostess & the Invoice: A Compliance Dilemma

Today’s guest post is from Anthony Smith-Meyer, Editor-in-Chief, Business Compliance. Yesterday I was discussing motivation with my undergraduate class students. When you stop to consider this subject, you realise how...more

New Whitepaper: Why Anti-Corruption Programs Fail: Turning Policies into Practices

CREATe.org Launches Whitepaper Outlining Top Ten Ways Anti-Corruption Programs Fail and Insight into How to Embed Compliance across an Organization - Guidance for companies seeking to mitigate anti-corruption risks...more

Government announces requirement for large employers to publish details of bonuses awarded to employees

This week, the Government announced a further measure aimed at eliminating gender pay inequality, requiring larger businesses with more than 250 employees to publish information regarding the bonuses awarded to their male and...more

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Background Screening – When is Section 603(y) Applicable?

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

Employee Health Information: Separate and Secure

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Coordinated Hackers Infiltrate 200 Targeted Employees’ LinkedIn Networks

Cybersecurity researchers at the Dell SecureWorks Counter Threat Unit (“Dell CTU”) uncovered a network of approximately 25 fake LinkedIn profiles that Dell CTU believes were used by an Iran-linked hacker group to establish at...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

U.S. Diversity Visa Lottery Offers Alternative Immigration Path for Employees Subject to Backlogs

The U.S. Department of State opened the Diversity Visa (DV) lottery registration for FY 2017 at noon eastern standard time (EST) on October 1, 2015. It will close on Tuesday, November 3, 2015, at noon (EST). The DV program...more

Mintz Levin Health Care Qui Tam Update: Recently Unsealed Whistleblower Cases: October 2015

Trends & Analysis: ..We have identified 15 health care–related qui tam cases that were unsealed since our last Qui Tam Update. Of those, 12 were filed from 2012 to the present. All but two cases had been pending more...more

Employee vs. Independent Contractor — A Decision Not To Be Taken Lightly

Most employers know that workers may be either employees or independent contractors. What many employers do not know is that misclassifying a worker into the wrong category could have significant financial consequences....more

European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's...more

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