News & Analysis as of

Employment Policies

Oh No, Not You (Again): Serious Enforcement Of Harassment Policies Is Absolutely Necessary

by SmithAmundsen LLC on

During the past several weeks, it seems that every day has featured new allegations of sexual harassment involving celebrities, politicians, and others in positions of power. These allegations invite a question to...more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir....more

The Importance of Harassment Training

In light of recent high-profile sexual harassment scandals, such as those involving Bill O’Reilly and Harvey Weinstein, an increasing number of employers are taking a more critical look at their harassment policies,...more

A “Smokey” Legal Issue for 2018 – Medical/Recreational Marijuana In the “Workplace”

by Kelley Drye & Warren LLP on

Marijuana remains illegal under federal law. However, there are many states, and a few cities, which have legalized medical and recreational marijuana – creating challenges for employers, as these laws “sprout up” (pun...more

The Five Questions You Must Ask Before Any Employment Decision

by Shipman & Goodwin LLP on

Employment law lawyers are asked to review a lot of employment decisions. If we’re lucky, we’re brought in early in the process when the decision isn’t yet final and where our input can be useful....more

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

by Littler on

The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

Department of Transportation Adds Four New Drugs to Testing Panel

by FordHarrison on

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

WARNING: A Tsunami of Sexual Harassment Complaints Are on the Way

You can take this one to the bank. Complaints of sexual harassment will rise significantly as a result of the sexual abuse allegations against Harvey Weinstein and related media coverage. ...more

US Employers Hiring In Canada – The Basics Part I: Good Bye Employment At-Will; Hello Entitlements

by Fisher Phillips on

Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

NOW is the Time - Commit to a Sexual Harassment Free Workplace

by Nossaman LLP on

Unfortunately, 2017 will most likely be remembered as the Year of Sexual Harassment. Notwithstanding that AB 1825 mandated harassment prevention training in California in 2004, the statute was amended to require training on...more

How Employers Can Become Experts at Data Breaches: Blowing the whistle

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

BYOD (Bring Your Own Device) Policies and Best Practices

Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

Now Hear This: Preventing Sexual Harassment Claims

by Burr & Forman on

It seems that almost every day, another high-profile executive, politician or celebrity has now been accused of scandalous sexual harassment directed at subordinate employees. This topic not only increases news ratings, its...more

Employers Can Expect New Problems When Recreational Marijuana Hits New Jersey

by FordHarrison on

A cornerstone of Governor-elect Phil Murphy’s campaign platform was the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law with the new administration comes as employers are just getting...more

DOT Amends Employee Drug Testing Requirements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Tips For Drafting Employee Handbooks – Tip #6: Requiring Acknowledgement Forms

by Bryan Cave on

This article is the last part of a six-part series. The purpose of this series is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook....more

No Regrets: 10 Tips to Avoid Holiday Party Liability

’Tis the season for company holiday parties: co-workers of diverse backgrounds and religious beliefs interact in a social setting while partaking of spiked libations under the mistletoe. What could possibly go wrong?...more

Surveillance In The Workplace

by Pepper Hamilton LLP on

Q. Can employers prevent employees from recording conversations in the workplace. A. Sometimes. As technology continues to advance, so does the likelihood that everything you say and do is being recorded, even in the...more

When the floodgates open, expect water at your doorstep

by FordHarrison on

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Tips For Drafting Employee Handbooks - Tip #5: Updating Handbooks to Address Changes in the Legal Landscape

by Bryan Cave on

This article is part five in a six-part series. The purpose of this series is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook....more

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

by Fisher Phillips on

The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more

How Employers Can Become Experts at Data Breaches: Talking about security with employees

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were inadvertently responsible for the loss of information about...more

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