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One Size Does Not Fit All: The Need for a Tailored Code of Conduct

Jackson Lewis P.C. • March 24, 2019
Codes of Conduct are designed to set forth an organization’s values and principles, while detailing expectations for employees. In many ways, it is one of the most important documents an organization can develop. At times, when an employer decides it needs to develop a Code, it often asks counsel whether there is a sample Code or boilerplate language the company can adopt. But is an “off-the-shelf” Code of Conduct really of any value to an organization? The answer should be apparent – sufficient consideration should be devoted to a task that the organization will say this is the standard by which our business will operate!

#SHRMLEG 2019 Fireside Chat: Future of Work Involves More Employee, Social Issues Engagement

XpertHR • March 24, 2019
Are companies taking a more active role in the current political and social discussion calling for greater diversity and inclusion? Panelists during a “fireside chat” at the 2019 Society for Human Resource Management (SHRM) Employment Law and Legislative Conference held in Washington, DC, said companies must address such issues and take steps to enhance employee engagement so their organizations can adapt in a rapidly changing and more competitive world.

DOL to Publish “White Collar” Exemption Proposed Rule, Triggering 60-Day Comment Period

Littler Mendelson, P.C. • March 24, 2019
On March 22, 2019, the DOL’s Wage and Hour Division will publish in the Federal Register its proposed rule to revise the overtime exemption regulations for executive, administrative, professional, outside sales and computer employees.

Rethinking Pay Equity: Who is ‘Comparable’ for Pay Equity Purposes?

Jackson Lewis P.C. • March 24, 2019
This is the second article in our four-part series titled “Rethinking Pay Equity,” designed to provide practical guidance to help employers understand and address the many new rules, regulations, and best practices around pay equity in preparation for Equal Pay Day 2019.

Embrace the (March) Madness at Your Workplace

Jackson Lewis P.C. • March 24, 2019
With the arrival of spring comes March Madness as the top Division I men’s and women’s college basketball programs compete for the national championship.

Third Circuit Agrees with Other Appeals Courts – Federal Employees may Bring Retaliation Claims under Title VII

FordHarrison LLP • March 24, 2019
Executive Summary: On March 12, 2019, the U.S. Court of Appeals for the Third Circuit clarified in a published opinion that federal employees may bring retaliation claims under Title VII of the Civil Rights Act of 1964 even though the federal-sector provision does not explicitly reference retaliation. Komus v. Secretary of the United States Department of Labor (3d Cir. 2019).

Drug Testing Laboratories May Be Sued For Negligence In South Carolina

Jackson Lewis P.C. • March 24, 2019
The South Carolina Supreme Court held that laboratories who perform workplace drug tests on behalf of employers owe a duty of care to the individuals who are tested and may be sued for negligence for failing to properly and accurately perform the drug tests and report the results. Shaw v. Psychemedics Corp., App. Case No. 2017-002538 (S.C. March 20, 2019).

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

Littler Mendelson, P.C. • March 24, 2019
On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing. In Shaw v. Psychemedics Corporation, the court held that drug-testing companies conducting tests on South Carolina employees owe a duty of care to those employees. Under Shaw, an employee may sue a drug testing company for negligence based on the company’s contractual relationship with the employer.

New Jersey Poised to Enact First Recreational Marijuana Law Protecting Workers from Adverse Employment Action

Littler Mendelson, P.C. • March 24, 2019
New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products will be taxed and sold, and expunge prior convictions for possession or distribution of cannabis products under state law.

Massachusetts Private Plan Exemption Applications will be Available to Employers on April 29

Littler Mendelson, P.C. • March 24, 2019
The Massachusetts Paid Family and Medical Leave law (PFML) will require most private employers to provide covered individuals with paid family and medical leave funded through a payroll tax. Beginning April 29, 2019, the Massachusetts Department of Family and Medical Leave (the “Department”) will offer approved plan applications for employers seeking an exemption from collecting, remitting, and paying contributions under the PFML that would otherwise be due beginning on July 1, 2019.

Washington D.C. Attorney General Seeks Stronger Data Security and Breach Notification Requirements

Jackson Lewis P.C. • March 24, 2019
Add Washington D.C. Attorney General Karl A. Racine’s recent data security legislative proposal – the Security Breach Protection Amendment Act of 2019 – to the growing list of states and jurisdictions across the country seeking to strengthen privacy and security protections around personal information.
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