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Total Articles: 10

Collection of Biometric Data Raises Privacy Concerns for Employees and Compliance Issues for Employers

Many of us have become comfortable with the convenience of logging into our laptops or smartphones using a fingerprint scan in lieu of remembering yet another password. We are familiar with television and movie portrayals of retina scans being required for access to top secret laboratories or other secure buildings and rooms. This kind of technology, however, is no longer the stuff of science fiction. Businesses are increasingly using biometric data (i.e., measurements of a person’s physical being) for a variety of identification purposes, such as to provide security for the financial transactions of their customers and for the tracking of work hours of their employees.

March Madness for Employers - Revisited

With the 2018 NCAA Men’s Basketball Tournament kicking off this week, there will be the inevitable dour reports that bracket filling, live streaming and fun (or even higher stakes) wagering will cost employers billions of dollars of productivity. According to these reports, over 80 million brackets will be filled out for the 68 teams in the tournament, making this an incomparable cultural event and one that inevitably will touch the workplace.

Guns in the Workplace: A Three-Part Series

Few topics produce more heated reactions than guns, gun violence, and the Second Amendment. For employers in North and South Carolina, this subject can be especially fraught, as both states are near or at record highs in gun ownership. Moreover, as frightening workplace and school shootings become all too frequent, customers, vendors and employees want to know whether, and to what extent, they can or should arm themselves as they go about their workday.

From #SHRMLeg: How Employers Deal with Marijuana, Opioids and Other Drugs in the Workplace

With the human and economic costs of the opioid crisis dominating the headlines, the topic of how to deal with drug use in the workplace proved to be a popular topic at the 2018 SHRM Employment Law and Legislative Conference. In a session entitled “Changes to Marijuana Laws and the Opioid Crisis: How Employers Are Dealing with These Complicated Issues,” Jim Reidy of Sheehan Phinney spoke to the overflow-capacity crowd regarding the rapidly evolving legal and policy landscape.

Let the Madness Begin – March Madness that Is

March Madness begins in just a few days. It’s that glorious time of year when college basketball teams from around the country (and their fans) are filled with hope and excitement. Who will make it to the final four? Who will win the championship game? Brackets are being completed and upsets are being selected.

Nonpartisan Approach Will Strengthen Workplaces, SHRM Says

Gathering here in the center of partisan politics for its annual Employment Law & Legislative Conference, leaders of the Society for Human Resource Management called for HR to chart a nonpartisan course in today's polarized environment.

SHRM Leaders Outline Priorities at DC Legislative Conference

The Society for Human Resource Management (SHRM) stated its intention to step up involvement in all work-related legislative and policy issues at its annual Employment Law and Legislative Conference in the District of Columbia. In his opening remarks, new SHRM president and CEO, Johnny C. Taylor, affirmed that the organization will increasingly bring HR's voice to the table with political leaders to discuss workplace policy. Afterward, SHRM's VP of Government Affairs, Michael Aitken, briefed attendees on current events and legislation that the organization is following.

Domestic Violence Q&A: What to Do When the Alleged Perpetrator is Your Employee

A significant number of employees are impacted by domestic violence—most frequently as victims and as relatives or friends of victims. According to recent studies and polls, 1 in 5 women in the United States is or has been involved in an abusive relationship, 44 percent of Americans say they know of someone in an abusive relationship, and 21 percent of surveyed employees report that they have been victims of domestic violence. In order to protect employees and the company, employers may want to have policies and protocols in place that create a culture where victims of domestic violence feel empowered to come forward and potential perpetrators of violence can access resources designed to help them before they act out. Employers may also want to consider the ways in which they may learn of domestic violence, what actions they can take upon learning of domestic violence, the potential risk of lawsuits resulting from adverse employment actions taken based on domestic violence, and how they can protect employees from those who might be the perpetrators of domestic violence.

Beltway Buzz, March 9, 2018

DACA Deadline Day. To the surprise of almost no one, March 5 has come and gone, and Congress did not reach a deal on the Deferred Action for Childhood Arrivals (DACA) issue. This Congress has enough trouble agreeing on anything, so with the deadline effectively mooted by a federal court injunction that preserves the program, the failure to produce a legislative solution was a fait accompli. Moreover, it appears that both chambers have moved on from DACA, as the issue was not an agenda item in either the Senate or House this week (though Sen. Jeff Flake (R-AZ) tried unsuccessfully to garner support for his “three-for-three” bill—a three-year extension of the DACA program in exchange for three years of funding for border security. What ultimately happens with the DACA issue and how it may impact other areas of immigration policy remain to be seen.

What Does the Start of Daylight Saving Time Mean to Employers?

At 2 a.m. on Sunday, March 11, 2018, people across the United States will set their clocks forward one hour to begin Daylight Saving Time (DST). The change is intended to align the average workday more closely with the hours that the sun is visible, which studies have shown to cut energy consumption, reduce instances of seasonal affective disorder, and even boost regional economies. Often perceived as a holdover from a simpler and more agrarian U.S. culture, the practice actually enamors some contemporary lawmakers: the Energy Policy Act of 2005 actually expanded DST by four weeks.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Ogletree Deakins | California | High Times in San Francisco: DA Promises To Expunge Cannabis Convictions Without Petitions (February 25, 2018)