Human Resources Professionals

News & Analysis as of

3 Mind-Blowing Tips For Employers About Sexual Harassment From Cosmo

I don’t care who you are: Somewhere, in a doctor’s waiting room, or a supermarket checkout line, you’ve seen the headlines of Cosmopolitan magazine. But, as luck would have it as an employment lawyer, imagine my...more

Friendship, Commerce and Navigation Treaties and Title VII

On April 15, 2015, former employee Steven Heldt sued Tata Consultancy Services, Ltd. in United States District Court for the Northern District of California for discrimination. Tata is multinational corporation headquartered...more

Hiring From a Competitor? Play Defense to Limit Trade Secret Risk

When discussing trade secrets and strategies to protect valuable proprietary information, most companies focus on their outbound risk. In other words, companies pay close attention to protecting their own valuable trade...more

Out With the Old and in With the New…Guidance

During a Summit on Disability and Employment in February of this year, the White House announced the release of a new guide entitled Recruiting, Hiring, Retaining, and Promoting People with Disabilities, A Resource Guide For...more

IRS Releases Clarifying 162(m) Regulations

The IRS recently released final regulations clarifying two aspects of the “performance-based compensation” exception to the $1,000,000 limit on deductible compensation paid to covered employees under Section 162(m) of the...more

California is at it Again! Chamber of Commerce Releases Its 2015 List of “Job Killer” Bills

The Chamber of Commerce has just released its preliminary list of “job killer” bills that have been proposed in the California Legislature. Don’t forget that California remains tied with Louisiana for the fourth highest rate...more

Blog: OIG Releases New Guidance for Board Oversight of Corporate Compliance Programs

Yesterday, the U.S. Department of Health and Human Services Office of Inspector General (OIG), in conjunction with the American Health Lawyers Association (AHLA), the Association of Healthcare Internal Auditors (AHIA) and the...more

Labor/Employment: Complying with the New Paid Sick Leave Laws

Technology companies should be aware that a growing number of jurisdictions in California are requiring companies to provide paid sick leave to their employees. These laws are applicable to companies of all sizes that have...more

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more

Alternative Visa Strategies in The Aftermath of The Record-Breaking April 2015 H-1B Lottery

The United States Citizenship & Immigration Service announced yesterday that it received nearly 233,000 H-1B visa petitions in the first week of the application window for the 85,000 cap-subject visas available for fiscal...more

Labor and Employment: The Use of Social Media During the Hiring Process - Do the Benefits Outweigh the Risks? (4/15)

As the social media phenomenon continues to dominate our culture and its use has become second-nature, it is worthwhile to revisit some of the issues presented by an employer’s use of social media, particularly in the context...more

A Lesson From Twitter Sex-Bias Lawsuit: Post Those Jobs!

Shortly before Ellen Pao lost started a “conversation” about sex discrimination in the tech industry, yet another lawsuit was filed alleging sex discrimination in the tech industry. ...more

Quirky Question #258, Ex Pat Trailing Partners

Question: Fred, one of our technical IT specialists, just told us that his partner volunteered for a European assignment. Fred’s a great guy and we need him but he earns less than his partner and wants the experience...more

Employing Workers in Massachusetts: A Guide for Emerging Companies

At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more

The Power of Positive Thinking

Wrapping up this week’s communication series, I am reminded of my own personal flaws… and I can be my own worst enemy. Nothing you’ve read these past few days should be surprising to you, but I hope they have served as a...more

Lessons on Work-Related Fraud and Abuse

The Association of Certified Fraud Examiners recently released its 2014 Report to the Nations on Occupational Fraud and Abuse (the “Report”), which provides interesting statistics and insights for HR professionals hoping to...more

Big Data and Human Resources—Letting the Computer Decide?

Employees are a company’s greatest asset, but if the company gets hiring decisions wrong, employees could also be the company’s greatest expense. Accordingly, recruiting the right people and retaining and promoting the best,...more

NLRB Says “Mere Maintenance” of Employee Handbook Rules May Violate the NLRA

In recent years the National Labor Relations Board (NLRB) has aggressively sought to emphasize that its reach extends beyond solely unionized workforces.  On March 18, 2015, NLRB General Counsel Richard Griffin released a...more

Why it is Crucial to Designate a HSA Beneficiary?

As high deductible health insurance plans are becoming more popular, an important component is health savings accounts (HSA). In addition to having current tax advantages, there is specific tax treatment of HSA accounts upon...more

Turning Metrics Into Money: An Interview With Solange Charas, Ph.D.

Solange Charas, Ph.D. is chief executive officer (CEO) of Charas Consulting, Inc. In her career, she has served as a chief human resources officer (CHRO) and corporate board director, her research has been published in...more

Workplace Challenges in 2015, Part 4 of 5: Monitoring Wage and Hour Compliance Remains Paramount for Employers Seeking to Avoid...

Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective...more

Complaint to Managers Below Level of Alleged Harasser Not Effective Use of Company's Policy

In most circumstances, employers are vicariously liable for sexual or other harassment engaged in by their supervisors. Under the Supreme Court’s Faragher/Ellerth defense, employers can sometimes avoid liability for...more

Next-Level Engagement and the Employee Code of Conduct

You already know that employee engagement is critical – not just for better performance on the job, but also for the health of the company’s culture. Engaged, happy employees are more likely to foster a positive, ethical work...more

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

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