News & Analysis as of

Human Resources Professionals

Early thoughts on this Supreme Court term

by McNair Law Firm, P.A. on

We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more

Working Party Confirms That Employers of All Sizes Must Maintain Article 30 Records of Processing for Human Resources Data

On April 19, 2018, the Article 29 Working Party (Working Party), which is comprised of representatives from the data protection authorities in each of the 28 European Union (EU) member states, issued a position paper stating...more

New California Laws Restrict Employer Access to Criminal and Pay Histories

If you are planning to hire new employees to work in your winery, you should be aware of two new employment laws that restrict employers from obtaining and relying upon certain information about job applicants. Originally...more

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Frustrated, Angry, or Discouraged? Tips for How to Treat Former Employees’ “Vent Letters”

Sometimes departing employees are more comfortable expressing their concerns in writing rather than communicating them verbally. These written messages may take the form of what’s often called a “vent letter,” which could...more

Avoid misclassification quagmires by understanding differences between contractors and employees

by DLA Piper on

When engaging a worker to perform paid work services, a first and critical step in the hiring process is the determination of the worker's status as an employee or independent contractor. Classification missteps can translate...more

DOJ Targets No-Poach Agreements Among Competitors

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more

DOJ Cracks Down on No-Poach Agreements

by Smith Anderson on

On April 3, 2018, the Department of Justice (DOJ) announced that it had “reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation, two of the world’s largest rail equipment suppliers, to...more

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Westchester County Prohibits Salary History Inquiries

by Fisher Phillips on

Westchester County has enacted a Wage History Anti-Discrimination Law which will soon make it illegal for employers to ask potential employees their salary history. The law was passed by the County Board of Legislators on...more

Employment Performance Review Excluded from Peer Review Confidentiality

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court ruled, on March 27, 2018, in Regenelli v. Boggs, Monogahela Valley Hospital and UPMC/ERMI that physician performance reviews of an ER physician, who was provided by ERMI to Mon Valley Hospital,...more

There’s a Safe Way to Conduct Employee Compensation Surveys

by Holland & Knight LLP on

With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

by Foley & Lardner LLP on

In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more

MA Pregnant Workers Fairness Act: Part II

Now that the Massachusetts Pregnant Workers Fairness Act (PWFA) went into effect April 1, 2018, it is time for employers to confirm that they are taking steps to ensure compliance with the PWFA....more

Making Sure Your Company Is Not the Next Harassment Hashtag

Like every other employment lawyer in America, I have been giving a good bit of thought to #MeToo and what it means for my clients. Many (although certainly not all) of the stories under this hashtag are about unreported...more

Reporting Sexual Harassment In The Digital Age

by Fisher Phillips on

In the wake of #TimesUp and #MeToo, the business world continues to reel over the seemingly shocking realization that sexual harassment is even more pervasive than most had imagined. This movement has forced employers across...more

“Why’d She Wait So Long?” Psychological Study Shows Why You Should Think Before Dismissing Sexual Harassment Complaints

by Fisher Phillips on

With the rise of the #MeToo movement, many are left wondering why so few victims of sexual harassment spoke up before. A psychological disconnect called “affective forecasting error” helps to explain this failure. Affective...more

Five Tips For Handling Tricky Religious Accommodations

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

Wage Gap and #MeToo Movement Legislation: Impact on Washington Employers

Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more

Navigating Unexpected Terrain in Workplace Investigations

Join me in a discussion on the increasingly nuanced landscape of employee workplace investigations and best practices in managing their effect on corporate brand, attorney-client privilege and obligations to applicable...more

Massachusetts Pregnant Workers Fairness Act Effective on April 1, 2018: Be Prepared

by Holland & Knight LLP on

• The Massachusetts Pregnant Workers Fairness Act (the Act), signed into law on July 27, 2017, becomes effective on April 1, 2018. • The Act expressly forbids discrimination against employees due to pregnancy or...more

Washington Bars Sexual Harassment Nondisclosure Agreements

by Fisher Phillips on

In the wake of the Harvey Weinstein scandal and the #MeToo movement, Washington employers will soon need to comply with two new laws aimed at preventing sexual harassment and assault in the workplace while encouraging open...more

An Employee’s Right Of Erasure Under The GDPR

by Jackson Lewis P.C. on

The implementation of the European Union’s General Data Protection Regulation (GDPR), with an effective date of May 25, 2018, is just around the corner, and with it will come pressure on the human resources (HR) department to...more

Ten Ways to Prevent Sex Discrimination in the Workplace

by Jaburg Wilk on

The #metoo movement has many employers worried about protecting their employees from discrimination and harassment. Employers often ask what they should be doing to prevent discrimination in the workplace and how best to...more

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