Human Resources Professionals

News & Analysis as of

“It’s a Match!”

Can techniques for finding a good date be used to find a good job or a good candidate? Some creators of recruiting technology think so. The recruiting app Switch uses a Tinder-like tool to match hiring managers and...more

Gavel to Gavel: Training key to compliance

The employment laws with which businesses must comply continue to grow in complexity and number. Within the last few months alone, federal agencies have been busy releasing new guidelines affecting a myriad of workplace...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

Managing absenteeism: a collaborative approach

Employers who proactively deal with employee absenteeism, and focus on assisting employees to return to work, can reduce the impact of employee downtime and disruption to working arrangements. We’ve previously discussed...more

Employment Law Navigator – Week in Review: May 2016 #3

Last week, news broke that Nicola Thorp, a UK temp worker assigned to PwC, was sent home for violating her temp agency’s dress code by failing to wear high heels. Portico, the agency, explained that the policy requiring...more

Facebook’s “Trending” Section and Human Resources Analytics

According to a recent New York Times article, “Facebook scrambled on Monday to respond to a new and startling line of attack: accusations of political bias.” Slate followed with a report that the online social networking...more

Where’s that Goat?

Wow, is this tough. I really don’t know whether I can get the words out. Still, I know it’s true, so I have to say it—so, here goes . . . no, no . . . wait. OK, take a breath, calm yourself, and just let people know what’s on...more

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

Fast-Track Compliance

Compliance: employment lawyers love it, business leaders sometimes see it as a roadblock to innovation, and human resources professionals know how difficult it is to achieve and maintain. Laws change constantly, and now that...more

FASB Updates Accounting Standards for Stock-Based Awards

The Financial Accounting Standards Board (FASB) has issued updated accounting standards designed to simplify accounting for stock-based awards. Among other changes, the updated standards permit employers to withhold stock for...more

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

Employment Law Navigator – Week in Review: May 2016

The Department of Labor announced in 2015 that it would issue regulations setting $50,440 as the salary below which eligibility for overtime would be presumed. Employer organizations were quick to criticize that salary...more

To waive or not to waive future claims in settlement agreements?

The decision of the Commercial Court in Khanty-Mansiysk Recoveries Limited v. Forsters LLP [2016] EWHC 522 (Comm) may not, at first sight, be of obvious importance to HR practitioners. However, this decision highlights...more

Managing Requests for Access to Personnel Records

These days, employee information is stored in many different places. We’ve got emails, HR files, desktops, desktop folders, employer-owned HR systems, cloud-based HR systems, manager files, health and leave files and...more

‘I was not told there would be math’

Saturday Night Live has made invaluable contributions to American humor, but the best may be the show’s political parodies. Chevy Chase was famous for mocking Gerald Ford’s clumsy reputation (undeserved, for sure, considering...more

Employment Law Developments for Manufacturers:  Predictably Unpredictable!

Manufacturers should take note of two recent developments in the human resources world. One expected. The other not. Frequent readers of this blog may recall that in January I predicted the United States Department of...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation

On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee’s rights...more

Phishing Season Opens for 2016 Tax Filings – Beware of “W-2 Phishing Scams”

Tax season brings many headaches, but none as miserable as sophisticated scammer efforts to steal employee W-2 information. Using social engineering and modest technological tools, a “spear phishing” attack seeks to trick...more

Second Circuit Defines Test for Individual Liability Under the FMLA

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters – Part II

Ned: As promised, I am following up on my email from last week regarding some additional resources for employees working abroad. The offer/assignment letter is a great place to specifically outline additional resources...more

HR Urban Legends

Walt Disney had himself cryogenically frozen. Alligators are alive and well in the NYC sewer system. You’ll die if you eat a whole bag of Pop Rocks and polish it off with a can of Coke. 2016 was the weirdest primary...more

Employment Law Navigator – Week in Review: April 2016

Last week, five members of the U.S. Women’s Soccer team took the unprecedented step of filing a charge of discrimination with the Equal Employment Opportunity Commission over their pay. The players argue that despite...more

Second Circuit Holds that Human Resources Directors may be Individually Liable for FMLA Violations

The Second Circuit recently held that a Director of Human Resources may be individually liable for violations of the Family and Medical Leave Act (FMLA). Relying on the “economic reality” standard derived from the Fair Labor...more

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