Legal & Regulatory Issues

Posts Tagged Legal & Regulatory Issues

Back in 2011, when y'all were Tebowing, planking and winning, I was blogging about this case where an employer allegedly updated its employee's Facebook page and tweeted from her Twitter account without her permission while she was on leave from work following a car accident.
 
March 14, 2014

If you’re anything like me, you don’t spend too much time thinking about how much money is in your retirement account.  Yes, I know, I’m a tax and benefits lobbyist, so you’d think that I’d know what my balance is down to the penny!  But the truth is, like many employees, although I know that I’m contributing to my retirement account, I don’t fret about the details on a daily basis. That’s about to change, as pending tax reform could significantly impact not only the types of investment options available but whether employees will have access to a retirement account at all.  

March 4, 2014

Expectations, preferably set out in agreements or policies or both, can make all the difference when determining who owns a Twitter handle when an employee leaves a company.

News Updates
March 4, 2014

If you’re anything like me, you don’t spend too much time thinking about how much money is in your retirement account.  Yes, I know, I’m a tax and benefits lobbyist, so you’d think that I’d know what my balance is down to the penny!  But the truth is, like many employees, although I know that I’m contributing to my retirement account, I don’t fret about the details on a daily basis. That’s about to change, as pending tax reform could significantly impact not only the types of investment options available but whether employees will have access to a retirement account at all.  

February 28, 2014

Store cashiers spend a lot of time on their feet while operating cash registers. Bank tellers also stand for long periods, cashing checks and handling other transactions. Are employers required to provide these workers with seats?

As of now, the answer is unclear. For that reason, the 9th U.S. Circuit Court of Appeals is seeking clarification from the California Supreme Court. The federal appeals court is trying to determine employers’ precise obligations in these types of circumstances.

News Updates
February 21, 2014

On February 12, @WeKnowNext chatted with Jonathan Segal (@Jonathan_HR_Law) about Romance, Lust and Litigation in the Workplace.

In case you missed this informative and interesting chat, you can read all the great tweets here

 

February 12, 2014
Last month, I wrote a blog on leadership: Influence=Leadership. I emphasized the importance of leaders sharing their human side and making emotional connections with the employees whom they lead.  To quote leadership maven John Maxwell: leaders touch a heart before they ask for a hand. 
 
February 5, 2014

There’s a heightened focus in the HR and Recruiting sphere on the effective use of employee referrals in order to make effective hires and we see numerous reports informing us that referrals tend to get hired faster, are often a better fit with the organization culture and are less likely to quit their jobs.

February 3, 2014

Employers should always strictly follow a wage garnishment court order, even when the person is not employed or appears not to earn enough money.

News Updates
January 23, 2014

Plaintiffs’ lawyers were falling over themselves last week in a race to the courthouse to sue Target as a result of its recent data breach. By at least one report, over 40 lawsuits have already been filed against Target, the first of which was filed the day after the breach became public.

News Updates
January 22, 2014

New protections for job applicants convicted of crimes, for employees who use medical marijuana and for workers’ private social media accounts are among the state laws that took effect in 2014. 

News Updates
January 14, 2014

As U.S. employers continue to grapple with the surge in wage and hour lawsuits, class-actions charging exempt-status misclassificationoften brought by former employeesare a growing concern, finds a survey report by labor law firm Littler Mendelson P.C.

November 13, 2013

A $14 million award to a whistle-blower who went straight to the Securities and Exchange Commission (SEC) without first bringing the complaint to the attention of the worker’s employer may be a sign of things to come, according to Steve Pearlman, an attorney who is co-head of the Whistleblowing & Retaliation Group at Proskauer in Chicago.

News Updates
October 18, 2013

As Halloween approaches, along with the requisite office party, there’s always the chance someone will show up as a stripper or in a drag costume that mocks the transgender community or in a get-up that insinuates that Muslims are terrorists.

In the middle will be the HR manager, trying to strike a détente between those who find certain Halloween costumes and parties offensive and those who see no harm in dressing up and poking fun—even at things others consider sacred.

News Updates
October 17, 2013

In the first oral argument of the 2013-14 term, the U.S. Supreme Court, on Oct. 7, 2013, addressed the question of whether state and local government workers may file constitutional claims of age discrimination instead of pursuing their complaints under the Age Discrimination in Employment Act (ADEA) (Madigan v. Levin [No. 12-872]).

News Updates
October 10, 2013

The upcoming Supreme Court term promises a series of significant decisions for employers. The high court will hear at least eight workplace-related cases.

ADEA: Will the Court Tire of Administrative Exhaustion?

News Updates
October 8, 2013

Just when the National Labor Relations Board (NLRB) seemed to have been resuscitated by the appointment of five members, along comes the government shutdown, shuttering the board.

The shutdown will result in the:

  • Tolling of time for filing documents, including briefs and appeals.
  • Postponement of unfair-labor-practice hearings before administrative law judges.
  • Postponement of representation elections and hearings.

The six-month statute of limitations remains in effect for the filing of unfair-labor-practice charges, the board also noted.

News Updates
October 2, 2013