Human Resources Professionals

News & Analysis as of

Fenwick Employment Brief

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

Webinar: Secondment - Sending Staff to Europe

Imagine your company has obtained a major contract to provide services globally, in particular in France, Germany, Italy and the UK. Although you may have offices in these countries, you need to temporarily second...more

Employee W-4 Forms

Employers are required to obtain a signed IRS Form W-4 when hiring a new employee. Although Form W-4 is revised each year by the IRS to reflect current tax rates, exemption amounts, etc., the form remains valid until an...more

Phishing Scam Targets HR Professionals By Seeking W-2s

With the new year upon us, cyberthieves are once again attempting to prey on unwitting HR professionals, as my colleague William Roberts explained in an article last week for SHRM on phishing. The scam goes like this. As...more

HR tips for drafting and cultivating your own ‘Tom Brady’ or ‘Aaron Rodgers’

Think the NFL was happy with this past Sunday’s games? I sure do. The NFL playoffs are in full swing and that usually is great news for the league since they get to dominate the sports headlines for a while. But after a...more

Alert: Antitrust 2017: Trends and Developments to Watch

1. Transition to a Trump Administration is top of the agenda - President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

So You’re Going Global! Five Employment Basics for U.S. Companies Expanding Overseas

Your company is doing well in the United States, and you are looking to expand internationally. That can be a very exciting time! But besides the practical logistics (e.g., Do I need to set up a subsidiary to hire someone...more

Don’t be passive-aggressive with employees

I always say the two worst things you can give people are false praise and false hope. One of the reasons that I started my own practice is because I was an employee and for the most part, I didn’t like how I saw employers...more

Employment Law 2016 - Year In Review

As calendar year 2016 draws to a close, we are once again reminded that employment laws are constantly changing—except, of course, for the one change employers were expecting most, which is where our 2016 employment law...more

The Quest for a Workable Employee Evaluation: The Saga Continues

In HR you have seen it all: late evaluations, lost evaluations, evaluations with all “5’s” checked and no comments, sexually inappropriate comments, cutesy comments that will get you sued such as, “not the brightest crayon in...more

U.S. Immigration & The Trump Administration

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article...more

Succession Planning Not Discriminatory

A federal district court has ruled that instructing an HR Director to “adapt to bring out the best in our new and younger employees” was not evidence of age-based harassment. Vontlintel v. Eagle Comm., Inc. No....more

Federal Agencies: Personnel-Related Agreements with Competitors Likely Violate Anti-Trust Law

A recent “Guidance for HR Professionals” jointly issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) highlights that arrangements between competing businesses designed to limit competition in...more

The New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) released a new version of the Form I-9 Employment Eligibility Verification (Form I-9), which is effective immediately. Employers may continue to use the current Form I-9...more

Steep Fines for Company With Compliance Problems, but Recognition of Remediation Efforts May Provide Model Going Forward

After a series of compliance failures leading to the resignation of company’s CEO, the privately-held health care brokerage company Zenefits was just hit with a $7 million dollar settlement by the California Department of...more

Recent Regulatory Obstacles and Potential Solutions for InsurTech Companies

On November 23, 2016, the Washington Insurance Commissioner ordered Zenefits to cease providing free access to software, following a nearly two-year investigation that began in February 2015 and a separate $100,000 fine in...more

Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors...more

New Form I-9 Means More Immigration-Related Change In 2017

Despite President-elect Donald Trump’s promise to build “an impenetrable physical wall on the southern border” of the United States, workers from all backgrounds and nationalities will continue to be hired in this country....more

Avoiding Office Holiday Party Headaches

It’s the holiday season again and while the office holiday party is a wonderful time to show appreciation to your employees and create camaraderie among coworkers, it can also be a time of legal headaches that can last...more

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract...more

New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions...

In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding...more

Zenefits Settlement a Forceful Reminder of Importance of Licensing Compliance

On Monday, November 28, 2016, the California Department of Insurance (“CDI”) announced that its enforcement action against Zenefits, a human resources software company, had resulted in a $7 million penalty. This penalty is...more

Deep Dive Into CHRO Case Statistics Show Increases in “Harassment” Claims

As I did last year, after I posted on the general statistics of the CHRO to see if we could glean any trends, I took a deeper dive into what the statistics this year show. And there were definitely a few surprises....more

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