Employees

News & Analysis as of

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

Could Virginia shooting happen at your workplace?

One of the first reactions to surface after reading about unthinkable workplace violence, such as the recent Virginia news station shooting, is, “that’s awful, but something like that could never happen here…” Perhaps it...more

New Temporary Regulations Narrow the Application of the Subpart F Active Rents and Royalties Exception

On September 2, 2015, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued Temporary Regulation § 1.954-2T concluding that third party arrangements cannot be taken into account for...more

California Legislature Pushes to Limit Employer/Employee Arbitration Agreements

The California legislature recently submitted a bill (AB 465) to Governor Jerry Brown that deters employers from using arbitration agreements that include a provision requiring the arbitration of claims brought against...more

Department Recommences Responsible Party Assessments

When the Department of Revenue transitioned trust fund taxes to its “new” integrated computerized tax system last November, it temporarily suspended the issuance of responsible party assessments. In its most recent PA Tax...more

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

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