News & Analysis as of

Employees

How to Generate, File, Retain and Execute Electronic HR Documents While Complying with Employee Records Laws and Electronic...

by Littler on

Every minute of every workday, multinational employers rely on sophisticated HR information technologies to manage their global workforces. Laws worldwide regulate information technology, and so multinationals must comply,...more

The Mainstreaming of Implicit Bias Training

by Shipman & Goodwin LLP on

It was only a few years ago that the phrases “unconscious bias” or “implicit bias” started making the rounds in the legal community. I can trace the discussion on this blog to a 2014 guest post from a former law professor...more

The Right to Unplug: New York City Council Proposes Bill Which Would Allow Employees to Disconnect From Work After Normal Work...

New York City Councilman Rafael Espinal has proposed a bill which would prohibit private-sector employers from requiring their employees to access work-related electronic communications outside of their usual work hours. This...more

It’s a State of Emergency; I Can’t Make It To Work

Do you have to report to work if a State of Emergency is declared? Yes. No law in New Jersey requires a private employer to close or release employees from work due to a state of emergency being declared. A Bill currently...more

February 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

Last month was a busy and important month for IC misclassification and compliance law. Featured among the ten cases summarized below are the first-ever trial of an IC misclassification case in the on-demand, sharing economy...more

Is Payday The New Groundhog Day? What Bill Murray Can Teach Employers About New Pay Apps

by Fisher Phillips on

Most are familiar with Bill Murray’s classic comedy, “Groundhog Day,” in which egotistical weatherman Phil Connors repeatedly re-lives the date of February 2, 1993. At first, Connors relishes replicating the same events each...more

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

by Fisher Phillips on

As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

Employers Take Note: Tax Season Phishing Scams on the Rise

by Fisher Phillips on

It is tax season once again, and with it comes an increased threat of phishing scams targeting human resources and payroll personnel. In 2016, the IRS alerted employers to a then-emerging email phishing scheme in which...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Does Being Fit Increase Your Company’s Risk of Security Breaches?

by Fisher Phillips on

As we are early into the new year, for many, hope springs eternal to get in shape during 2018. Many of us wear some kind of fitness activity tracker that monitors steps, heart rate, calories, sleep patterns, etc. Recent news...more

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

by Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Victory For Grubhub In First-Ever Gig Economy Trial - Three Things All Gig Economy Companies Need To Know About Decision

by Fisher Phillips on

In what is believed to be the first time in our nation’s history that a trial court has reached a judicial merits determination in a gig economy misclassification case, a federal judge in California ruled in favor of the...more

Weekly Round Up – February 4, 2018

by Fisher Phillips on

Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general,...more

Tax Reform Impacts Confidentiality in Sexual Harassment Settlements

by Holland & Knight LLP on

The recently enacted Tax Cuts and Jobs Act (the Act) contains a largely unnoticed provision worth the attention of human resources professionals and legal counsel who draft and implement settlement agreements and releases of...more

Key Portion Of NYC’s Fair Workweek Law Put On Pause

by Fisher Phillips on

One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more

SCOTUS Ruling Helps Plaintiffs Get Second Bite At The Apple Through Supplemental State Claims

by Fisher Phillips on

In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are...more

What A Government Shutdown Would Mean For Employers

by Fisher Phillips on

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

Differing Opinions are Vital for the Safety Community.

by Fisher Phillips on

Most folks in the safety community know Jordan Barab, the former Obama era Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017. You can read Jordan’s take on OSHA, MSHA, safety and anything related to employees and...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

New Guidance on Interns v. Employees

by LeClairRyan on

The test for determining whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act, and thus entitled to compensation for services provided, has been the subject of considerable...more

Protect your association from embezzlement losses—and how to deal with the aftermath

by Hellmuth & Johnson PLLC on

While 2017 has brought great fortune and growth in the real estate market, the year has unfortunately also seen several management companies’ theft/embezzlement from their association clients. To be clear, these incidents...more

More Than Mere Loose Ends: Immigration Compliance During Mergers and Acquisitions

by Vedder Price on

Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is...more

“Royal” additions: handling HR issues that arise due to marriage and childbirth

by FordHarrison on

I admit that, like many Americans, I am fascinated with the lives of the British royal family. That is especially true with respect to Charles and Di’s two young princes. I enjoy hearing news about Prince Williams’ adorable...more

OCR Warns Health Care Industry of Risks with Previous Employees

In its November newsletter, the Office for Civil Rights (OCR) made a great point that we are seeing in the industry—the risks associated with previous employees. According to its newsletter, entitled “Insider Threats and...more

Are Your California Employees Asking for Dust Masks Because of the Raging Fires?

by Fisher Phillips on

Our California offices reported that local governments are provided N 95 dust masks to citizens because of the wild fires. Such masks may not actually help all users and the smoke and particulate may not exceed permissible...more

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Cybersecurity

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