Legal & Regulatory Issues

Posts Tagged Legal & Regulatory Issues


On February 15, Baltimore Ravens running back Ray Rice punched his fiancée Janay Palmer in the face so hard that it knocked her out cold. It was recorded on a hotel surveillance video, and by now we’ve all seen it.

The NFL’s handling of the incident has prompted a torrent of questions and debate about how domestic violence should be handled by employers, regardless of size or prominence. 

September 23, 2014


When is an employee’s personal life any business of the employer? Is it not, in fact private?  The attention given in the last several weeks to a renowned NFL player has had me and so many others pondering these questions.  So I try to quell my heart with an objective head.  For me this requires a comparative review to lend some objectivity to these very emotional and compelling issues.  I hail from Maryland and will use our local history here to provide some examples:

September 23, 2014

On September 17, SHRM @weknownext chatted with employment attorney Christine Walters @christinevbw about "Smoke of a Different Kind" in the workplace.

In case you missed it, here are all the great tweets from the chat:


September 17, 2014

Electronic discovery, the collection and production of electronic documents in litigation, is a scary thing to many lawyers. Some are so scared by it, in fact, that they just deny that it exists and continue to produce only hard-copy documents. Of course, that is a terrible idea. And not at all in compliance with the rules of procedure. But, alas, it is what it is.

August 27, 2014

In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent franchisor as a respondent in cases involving alleged unfair labor practices committed by franchisees, if the parties are unable to reach a settlement.  According to the General Counsel, the agency is investigating the various charges

August 1, 2014

We often hear that our supervisors are our eyes and ears in helping to ensure legal compliance and minimize risk.  This is true when it comes to social media, but only if supervisors receive training on what to do and what not to do.  The do’s and don’ts of social media are not always intuitive. Here are ten of the more common mistakes that supervisors make in the absence of adequate training:

July 22, 2014

Last week, I had the pleasure of hosting a #Nextchat on social media for SHRM @weknownext with my friend @Eric_B_Meyer.  One of the issues touched upon during the chat was social media training.

May 20, 2014

Another one of Pixar’s gems, Monsters, Inc. may not necessarily strike you as a “workplace” movie, but it’s full of lessons for anyone paying attention, whether you’re nine or 90.  So, what can Monsters, Inc. teach you about avoiding problems in the workplace?

May 15, 2014

It's easy to underestimate the power of words. Many supervisors fail to appreciate the importance of the words used in a performance review or evaluation, corrective action, termination letter, or other employment-related document. But it can go beyond the obvious instances.

May 13, 2014
'Tis the season. No, not that season, but the time of year when employers ask, "Can we still use unpaid interns?" The answer is a qualified, "Yes!"  The key is ensuring you and the intern meet certain criteria (what else is new?). 
First, let's bust a few myths and misconceptions.
  1.  If I use a student as part of a local college or university's internship program it's OK if it is unpaid. Not necessarily. The source of the intern is not a factor in determining whether an intern must be paid or may be properly unpaid.
May 7, 2014

Social media is no longer cutting edge. It’s now a universal form of communication that’s woven into every aspect of our personal and professional lives.

Organizations use social media for everything from internal communication to sales and marketing, and are now concerned with creating sound strategies and policies to ensure competitiveness and prevent lawsuits.

May 1, 2014
A number of bills that, if enacted, will affect private-sector employers are pending in the California legislature, including proposals to increase the minimum wage and require paid sick leave. Several of these bills are discussed below.
Additional Minimum Wage Increases Proposed (SB 935)
News Updates
April 18, 2014


The world is constantly bombarded with the emergence of new tools and technologies that change the way we live and work. And while many of these innovations can bring new efficiencies to the workplace, implementing these solutions can present a number of challenges. In addition to gaining executive buy-in and company-wide adoption, another key aspect is ensuring that any new technology acquisition complies with both the company’s legal processes and the larger local and federal regulations.

April 15, 2014
California employers are acutely aware of the typical schedule worked by employees: eight hours a day, five days a week. As we have become accustomed to doing, California law generally requires employers to pay employees overtime wages for hours worked in excess of eight hours during any 24-hour period. But in many cases, limiting employees to working only eight hours a day is not the most convenient for either the employee or the Company. End of the story? Not so fast.
News Updates
April 11, 2014
Have you complained lately of headaches? Dizziness? Migraines?  Pain the neck? Pain in the ---?  It could be due in part to the whirlwind of regulatory activity adding pressure to your already congested business pathways.  
Prescription?  Take a deep breath. Then join me as we walk through a few highlights and try to create some semblance of order in this actual or perceived chaos. Proceeding in alphabetical order by topic...ready?
April 9, 2014

On March 26, @WeKnowNext chatted with Christine Walters (@Christinevbw) about "Marijuana and the Workplace."

In case you missed it, here are all the tweets from the chat:


March 26, 2014
The Equal Employment Opportunity Commission (EEOC) failed to prove systemic, nationwide claims of discriminatory pay and promotion policies because it didn’t really conduct a nationwide investigation of the claims, even though it told a court it had, according to Gerald Maatman Jr., an attorney in Seyfarth Shaw’s Chicago and New York City offices.
March 25, 2014

With 20 states now allowing medical marijuana use (and two allowing recreational use), there is a new and urgent need for organizations to understand the associated liability issues in the workplace.  

March 24, 2014

Some of managers’ worst job-interview slip-ups happen as the interviewers are innocently trying to break the ice and get applicants to relax, according to Barbara Hoey, an attorney at Kelley Drye in New York City.


News Updates
March 14, 2014