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Report Link Contract and Tort Claims.Elarbee, Thompson, Sapp & Wilson, LLP. - November 17, 2009 Most employers train their managers and supervisors on applicable federal, state, and local anti-discrimination laws. But a much smaller number of employers conduct training on general contract and tort law that may also serve as a basis for employment-related lawsuits. (Lawyers struggle to define precisely what a “tort” is, but it generally means a wrongful act that is not based on a contract.) Because contract and tort claims can prove every bit as problematic — and costly — as anti-discrimination claims, however, employers should incorporate training in these areas of the law into their management training. Report Link FTC Extends Enforcement Deadline for Red Flags Rule to June 1, 2010.Ford & Harrison LLP - November 05, 2009 The Federal Trade Commission (FTC) has again delayed enforcement of the Red Flags Rule. Enforcement was previously delayed until November 1, 2009, but has now been delayed until June 1, 2010. Report Link Top 100 Employment Law Blogs . . . plus 10.Young Conaway Stargatt & Taylor, LLP - November 04, 2009 The Top 100 Employment Law Blogs is back and updated for 2009. Ok, so it’s the Top 110 this year. Report Link Psst! Can You Keep a Secret? No, Really.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 23, 2009 In LVRC Holdings LLC v. Brekka (September 15, 2009), the Ninth Circuit Court of Appeals served up a warning for employers to review their existing Confidential Information policies or risk finding themselves unable to protect their most valuable information, including trade secrets. In Brekka, an employee e-mailed company information to his personal e-mail account shortly before his departure. He later used that confidential information to further his own business interests. Unfortunately, because the employee was authorized to access his employer's computer, as well as the information he emailed to himself, the Court held that these otherwise disloyal acts did not violate the federal Computer Fraud and Abuse Act designed to protect employers from this very behavior. Had the employer developed and circulated a computer policy prohibiting access to company files for personal use, the Court noted, such behavior would have violated the law. Report Link State Law Headlines: Changes You Need to Know About.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 23, 2009 We have all seen the headlines. One of President Obama's first acts after taking office was to sign into law the Lily Ledbetter Act, which effectively reversed a United States Supreme Court decision involving the timing of lawsuits under the Equal Pay Act. Employers also know that unions are flexing their muscle after years of support of Democratic candidates and unprecedented support of President Obama's campaign for President. The unions' goal is the passage of the Employee Free Choice Act, otherwise characterized as the "card check" legislation, because it eliminates secret ballot elections now required to unionize an employer. Report Link The Silver Lining -- Congress Is Distracted.Fisher & Phillips, LLP - October 02, 2009 With the economic downturn and political change in Washington, the past year has been difficult for American businesses. But in many ways, employers have benefited by the fact that legislators have been focused on bailouts, stimulus packages, and healthcare reform. These politically-charged subjects have kept the legislators' focus off of other big changes to the workplace that are waiting in the wings. Without these larger issues, legislators would have been acting on numerous proposed laws to change virtually every area of employment law. Report Link Labor & Employment Insights Summer 2009.Constangy, Brooks & Smith, LLP - July 29, 2009 Whoa Nellie!; When Your Employees Come Marching Home: Reemployment Obligations Under USERRA; The Golden State: Changes to ADA, FMLA, Are Old Hat For California Employers, But Watch Out For Meals and Mileage; Report Link More Changes Afoot: DOL to Abolish Employment Standards Administration, NAACP Lawyer to Be Named to Head EEOC.Constangy, Brooks & Smith, LLP - July 27, 2009 There have been two recent announcements that will be of interest to corporate counsel and Human Resources professionals. Report Link Will Justice Sotomayor Be Kind to Employers? Magic Eight Ball Says "Outlook Not So Bad"Fisher & Phillips, LLP - July 06, 2009 It's likely that President Obama's recent nomination of Judge Sonia Sotomayor will be approved by the Democratic-controlled U.S. Senate, unless some unknown skeleton appears from her closet. Report Link The Pink Prescription: Facing Tomorrow's Challenges Calls for Right-brain Thinking.Knowledge@Wharton (Reg Required) - July 01, 2009 Change may be the only constant, but it's also a constant challenge for educators trying to prepare students for the future. If the world is always in flux, what should teachers be teaching? What should schools be doing to develop the next generation for the dramatic shifts taking place in the way the world works and lives? Does the current curriculum make the grade? Report Link Buckle Up: Employers Must Ready for New Developments.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - June 24, 2009 Life's getting more challenging for employers. A new NLRB head bodes a near certain reversal of employer-friendly holdings; the IRS is gunning for imperfect retirement plans; and Congress now has mandatory paid sick leave on the docket alongside the ever-present EFCA legislation. If there is any light at the end of the tunnel, we find it in a recent Supreme Court ruling that shifts the burden to prove disparate treatment under the ADEA to the employee, and on the state level, in Tennessee's amendment of its workers' compensation law to reduce employer exposure. Report Link Planning in Light of the Obama Administration’s Legislative and Enforcement Initiatives.Baker Hostetler LLP - May 20, 2009 With the President’s stimulus plan enacted, and his budget, including details of his tax proposals released on May 11, 2009, “Change we can believe in” has already begun—and at a break-neck pace. This updated Alert highlights fundamental changes already signed by the President, announced by the Administration, or expected from Congress and from new regulatory and enforcement officials that should be considered when making business decisions. Topics covered here include: Report Link Top 10 Costly Workplace Mistakes To Avoid This Year.Ford & Harrison LLP - May 15, 2009 More changes in workplace law will occur this year than in the last ten years combined. Between What's Already Become Law and What's On the Horizon we can help you prepare and save your company from making costly mistakes. Report Link Recently Introduced Legislation that Could Impact Employers.Ford & Harrison LLP - May 14, 2009 As a follow-up to our article in the February issue of Management Update, "Significant Legislative Items to Watch," the following bills recently were introduced in Congress and, if enacted, could significantly impact employers. Report Link Federal Employment Law Legislative Update.Barker Olmsted & Barnier - May 05, 2009 2009 is a year of change in the area of labor and employment law. Employers should keep an eye on several bills are pending at the federal level in the areas of paid FMLA leave, the EFCA, and E-Verify. Report Link 2009 Stimulus Act.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - April 27, 2009 The American Recovery and Reinvestment Act of 2009 was enacted February 17, 2009, providing numerous avenues of opportunity for a variety of industries. Whether you need guidance on the legislation to point you in the right direction, updates on federal funding opportunities, assistance in responding to a federal or state request for proposal, or someone to lobby for your interests in Washington, Baker Donelson can help. Our attorneys and public policy advisors are well-versed in every aspect of the Act, from government contracting and infrastructure spending, to tax provisions, health IT requirements and private sector assistance. Click on the links below to view alerts and presentations by our attorneys and public policy advisors. Report Link More Changes in the Labor and Employment Law Landscape.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - April 21, 2009 There's no question about it: the labor and employment law landscape changes daily. Whether it's the U.S. Supreme Court delivering a collective bargaining agreement surprise, the American Recovery and Reinvestment Act giving more responsibilities to contractors, FLSA opinion letter withdrawals or the EEOC's crushing news about discrimination claims, employers must stay on top of developments like never before. Click on the links below to learn more about the latest headlines. Report Link Education Update: For 2009, the Only Sure Thing is Change - And More Change.Fisher & Phillips, LLP - April 09, 2009 Before most of us even had time to put up our 2009 calendars, huge changes in employment laws were on the way, courtesy of Congress and the new administration. By the end of January, major amendments to the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) went into effect. The following month, the economic stimulus package, formally known as the American Recovery and Reinvestment Act of 2009 (ARRA), was signed into law. Among other things, ARRA substantially changed employers' COBRA obligations, allowing eligible involuntarily terminated employees to pass on 65 percent of the cost of COBRA premium payments to their employers. Report Link It's Midnight. Do You Know Where Your Company's Sensitive Information Is?Fisher & Phillips, LLP - April 07, 2009 You may say that it is in the company's files which are locked in _____'s office or the information is in a certain directory on the company's server. We hope you're right. But according to a recent survey, information you believe is confidential may also be in a number of other places as well, including your competitor's offices. Report Link Advice for Employers in This Difficult Economy Part 3.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 30, 2009 Over the recent past and continuing today, headlines and news reports have reported the demise of U.S. real property values. The falling real estate market and the consequent reduction in property values are not limited to residential property. In fact, the decline in commercial and industrial property values may rival the fall in residential values. Report Link Big Changes on the Horizon for Employers; Preparing for These Changes.Vedder Price - March 17, 2009 Change was the buzzword of
the 2008 Presidential Election.
While much of the nation is
focused on the economy, the
Obama administration and
Congress are preparing to
introduce a wide array of laws
that have the potential to
radically impact the American
workplace. Report Link Advice for Employers in This Difficult Economy. Part II: Perils of Failing to Timely Report and Pay Employment Taxes Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 13, 2009 Many employers in today's difficult economy are faced with cash-flow problems due to shrinking lines of credit and a lack of liquidity. These problems often leave employers without sufficient resources to timely pay all obligations, and employers must decide which obligations will receive priority and which will be postponed. One obligation that some employers often delay is the payment of employment taxes to the Internal Revenue Service. This Focus addresses the obligations of employers with respect to employment taxes as well as the consequences to both the employers and certain associated individuals, including directors, officers, managers and employees, for failing to timely meet those obligations.
Report Link THE AMERICAN RECOVERY AND REINVESTMENT ACT: WHAT EMPLOYERS NEED TO KNOW.Shaw Valenza LLP - March 12, 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA”) into law. The stated purpose of the ARRA, often referred to simply as the “stimulus bill,” is to improve our economy by, among other things, creating and saving jobs, improving affordable health care, providing tax relief, and improving the nation’s infrastructure. Report Link Qualified Transportation Benefit Increases.Ford & Harrison LLP - February 20, 2009 The American Recovery and Reinvestment Act of 2009 (the "Act"), which was signed by President Obama on February 17, 2009, made many significant changes to the Internal Revenue Code (the "Code"), but one change that has so far attracted relatively little notice is a temporary increase in the amount that can be provided to employees tax free in the form of transit passes and/or vanpooling benefits under Code Section 132(f). Beginning with the month of March, 2009, and continuing through December, 2010, the monthly limit for transit passes and vanpooling benefits (combined) is equal to the monthly limit that applies to qualified parking expenses. This means that, for the remainder of 2009, that monthly limit is $230; before March 1, the monthly combined limit for transit passes and vanpooling benefits was $120. Report Link The American Recovery and Reinvestment Act Becomes Law.Fredrikson & Byron, P.A. - February 19, 2009 In an effort to combat the length and severity of the already painful recession the United States is experiencing, President Obama, on February 17, 2009, signed into law the American Recovery and Reinvestment Act (the Stimulus Act). At a cost of $787 billion, the Stimulus Act is aimed at creating or saving 3.5 million jobs, improving the nation’s infrastructure, promoting energy efficiencies, Report Link Those "Other" Causes Of Action.Fisher & Phillips, LLP - December 03, 2008 I suspect that we too often focus all our preventive efforts on the well-known discrimination causes of action (race, disability, age, and so on). But retailers are subject to a number of other state-law employment-related causes of action, and we are seeing these causes of action used more frequently by creative lawyers. Retailers should know something about these causes of action so they can take steps to forestall them. Report Link 2008 Reviewed, 2009 Forecast, Eight Words Or Less.Fisher & Phillips, LLP - December 02, 2008 You may have noticed that the length of what you're reading these days is getting shorter and shorter. People's attention spans are shrinking, as is the content of much of what is being published. Some of today's popular websites include "Five Word Reviews" and "Four Word Film Reviews," and one of 2008's best selling books was "Not Quite What I Was Planning," a collection of memoirs of six words or less (for example, Joyce Carol Oats: "Revenge is living well, without you," and Stephen Colbert: "Well, I thought it was funny"). Report Link Transition To A New (Work) Day: An Initial Look at Workplace Change in the Obama Era.Littler Mendelson, P.C. - November 26, 2008 As the results of the 2008 presidential election fade into memory and the meaning of the election for employers emerges, our goal at Littler is to inform you as to what is happening in Washington, educate you as to what it means for your company, and prepare you to handle change. In this paper, we start the process by taking an initial look at what may be on the horizon for employers and set the stage for our monitoring of what is to come. This Littler Report covers topics such as the Employee Free Choice Act (EFCA), the legislative agenda on civil rights including removing damage caps under Title VII, changes to statutes of limitations and recognition of gay rights, emergence of family/life balance initiatives on the federal level, increased agency funding for OSHA and changes to executive compensation and employee benefit structures. Report Link Federal Workplace Legislation Currently Under Consideration.Jackson Lewis LLP - November 14, 2008 With a new administration headed for the White House, a new Congress headed for Capitol Hill, and dozens of workplace bills stalled in a divided Congress for months, this may be a legislative “perfect storm”. Details of some federal workplace legislation currently under consideration are available by clicking the link below. Report Link Women Executives on Work/Life Balance: Flexibility, Networks, Outside Interests.Knowledge@Wharton (Reg Required) - November 13, 2008 The oft-used term "work/life balance" can mean different things to different people -- and different things to the same person at various points in her career, according to a panel of Wall Street executives at the recent Wharton Women in Business Conference. Report Link Democratic Sweep To Bring Big Changes to Employment Laws.Fisher & Phillips, LLP - November 05, 2008 Senator Obama has been elected President, but the Democrats did not make the gains they had hoped for in the Senate. Non-union employers who have been concerned about the Employee Free Choice Act (EFCA) may breathe a sigh of relief. It will not pass, at least in its current form. But there is still reason for concern. Report Link Pending Legislation - What the Elections Could Mean for Your Workplace.Ford & Harrison LLP - October 14, 2008 Although the Employee Free Choice Act justifiably has received the most attention as legislation that could be passed when a new President and Congress take office, other legislation is also pending that could have a significant impact on the workplace. Report Link And You Thought the Bailout Was Bad: Employment Law Risks in the Current Financial Crisis.Littler Mendelson, P.C. - October 14, 2008 As the current economic crisis escalates and governmental plans to provide billions of dollars to intervene in the capital markets take shape, financial institutions and other businesses are being forced to restructure their operations through merger, acquisition or reductions in force. The tough economic climate will also, no doubt, lead companies to reassess their benefit plans and executive compensation packages. However, employers must evaluate their own responses to these developments to ensure that they are complying with legal requirements and proceeding cautiously. There are several, critical employment law issues that must be taken into account in any organization’s plan to address the new economic realities especially if reductions in force are a part of the organization’s strategy. Report Link Can We Talk? A Guide To Political Expression In The Workplace.Ogletree Deakins - October 10, 2008 This being a presidential election year, the topic of the "right" of political expression in the workplace is of particular interest. Moreover, given that this year represents the first real opportunity for the election of an African American for President or a woman as Vice President, there are particularly strong feelings among the electorate, including employees. As the campaign season continues and moves toward the general election, many employers are reexamining their rights and policies with respect to political activities in the workplace. Report Link Analysis of Emergency Economic Stabilization Act of 2008.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 07, 2008 On October 3, President George W. Bush signed H.R. 1424, "The Emergency Economic Stabilization Act (EESA) of 2008" into law. Broadly speaking, the legislation will give brand new authority to the United States Treasury Department to purchase distressed assets associated with tainted mortgages, securities and other financial instruments held by financial institutions. Such new authority is in addition to existing authority held by the Federal Deposit Insurance Corporation (FDIC) to purchase bad assets of insured depository institutions and the Federal Reserve to create Term Auction facilities or to directly purchase mortgage assets, as it did in the case of the Bear Stearns transactions in March. Report Link The Impact of Hurricanes and Other Disasters on the Workplace: Employment Related FAQsFisher & Phillips, LLP - September 11, 2008 This list of frequently asked questions was originally prepared by the law firm of Fisher & Phillips LLP in 2005, in response to Hurricanes Katrina, Rita and Wilma. In the wake of Hurricanes Gustav, Hannah, and other potential catastrophes in the 2008 hurricane season, we have updated and expanded it. Report Link Generation Y @ Work, Part 2Fisher & Phillips, LLP - September 05, 2008 Last month we looked at some of the various legal options that employers have when facing the challenge of a younger workforce. In this conclusion we'll look at some additional, practical steps, that you can take. Report Link No Bullies!Constangy, Brooks & Smith, LLP - July 30, 2008 The term “bully” is often associated with schoolyards. But what happens when these kids grow up? Enter Denny Crane of Boston Legal or Phil Lumbergh in Office Space.
Although these Hollywood examples may be exaggerated, there is reason for employers to be concerned about bullying in the workplace. Bullying results in decreased production, increased turnover, absenteeism, low employee morale, and poor company image. In a 2007 study published in BusinessWeek, employers reported losing an estimated $74 billion annually due to employee absenteeism. Of course, most of that absenteeism probably had nothing to do with bullying, but an estimated 54 million employees, or 37% of the American workforce, say they have been bullied in the workplace, according to a survey conducted by Zogby International. Report Link 'Don't Touch My Perks': Companies that Eliminate Them Risk Employee Backlash.Knowledge@Wharton (Reg Required) - July 24, 2008 Earlier this summer, when employees first learned of a Google plan to upgrade and dramatically raise the price of its day care program, they wept, according to an article in the New York Times. Report Link How to Keep Politics Out of the Office During Election '08.Jackson Lewis LLP - July 17, 2008 The 2008 presidential election is attracting enormous public interest, and passions on both sides are intense. Americans probably will not be able to avoid political conversation over the coming months, but, like sex, politics is a topic best discussed in private and kept out of the workplace. What do employers need to know to avoid disruptions and lost productivity (or violating the law) during a particularly lively election season? Report Link Preventive Strategies: Managing Through Difficult Times (pdf).Jackson Lewis LLP - July 15, 2008 Choices, Challenges, and Strategies in Response
to the Economic Downturn
As the unemployment rate rises to 5.5%, it is hard to
dispel the perceptions that the economy is in a slump and
job security is a concern for many Americans. A recent
survey by the Pew Research Center found that one-quarter
of workers who identify themselves as middle class feel it is
somewhat likely they will suffer job loss in the coming year.
Government figures on the current rates of mass layoffs
and job losses suggest those perceptions are well founded.
Most agree the U.S. economy is experiencing what has been
called a “shallow recession,” and many organizations already
have reduced their workforces. Many more employers are
considering a restructuring of some kind in response to
changing economic realities, and in particular, the rising price of oil (see “Oil Prices Raise Cost
of Making a Range of Goods,” The New York Times, p. A-1, June 8, 2008). Report Link America's Job Bank Server Closing.Jackson Lewis LLP - June 24, 2008 Federal contractors no longer will be able to receive documentation to show their compliance with employment listing requirements from the America’s Job Bank service center after June 30, 2008, when the AJB’s server is scheduled to go out of service and the service center shuts down. Report Link Caught in the Middle: Why Developing and Retaining Middle Managers Can Be So Challenging.Knowledge@Wharton (Reg Required) - May 30, 2008 Almost every company has them. They may number six or 6,000 and they all share the same job category -- middle managers. They are often referred to as the "glue" that holds companies together, bridging the gap between the top management team and lower level workers. They implement strategy and organizational changes, keeping workers engaged during both good and bad economic cycles. Report Link In Today's Process-Driven Workplace, Collaboration Is KingKnowledge@Wharton (Reg Required) - May 22, 2008 "The in-box culture is dead," says Evan Rosen in his new book, "The Culture of Collaboration: Maximizing Time, Talent and Tools to Create Value in the Global Economy." Report Link Workers Tell Future President: “Decrease Outsourcing, Increase Living Wage”.Vedder Price - April 18, 2008 Americans overwhelmingly want their next President to prioritize improving their standard of living, providing universal healthcare, and slowing the outsourcing of jobs overseas rather than making it easier for immigrants to live and work in the U.S., according to the latest “America At Work” national opinion survey by the non-partisan Employment Law Alliance (ELA). Report Link Proposed Legislative Employment Law Reform.Jackson Lewis LLP - April 09, 2008 As the national election scene heats up, workplace law issues are attracting greater attention in Washington. Below is a brief summary of proposed legislation pending before Congress. Report Link Supervisors Play Crucial Role in Employee Relations (pdf).Jones Walker - April 02, 2008 It is important to keep an eye on the relationship between employee and supervisor. Report Link 'Talent on Demand': Applying Supply Chain Management to People.Knowledge@Wharton (Reg Required) - March 19, 2008 Failing to manage your company's talent needs, says Wharton management professor Peter Cappelli, "is the equivalent of failing to manage your supply chain." And yet the majority of employers have abysmal track records when it comes to the age-old problem of finding and retaining talent. Report Link Supreme Court Issues Two Important Rulings.Fisher & Phillips, LLP - February 21, 2008 In a pair of decisions issued today, the U.S. Supreme Court weighed in on two topics that impact employers across the country. The Court made it easier for workers to bring claims against their employers for losses to their 401(k) plans, while also clearing the way for employers to enforce arbitration agreements with their employees. Report Link Managing through Disasters -- Workplace Lessons from Recent Tragedies (pdf).Ogletree Deakins - February 20, 2008 The recent wildfires in California remind us that national disasters and other crisis can occur at any time. Report Link New Compliance and Ethics Rules Issued (pdf).Ogletree Deakins - February 20, 2008 Contractors and subcontractors who enter into at least one government contract "expected to exceed" $5 million with a performance period of 120 days or more are now subject to a new Federal Acquisition Regulation. Report Link Top Ten Labor & Employment Events and Trends of 2007.Ford & Harrison LLP - February 14, 2008 During the past year, employers continued to confront a number of significant labor and employment issues – many of which are likely to have a profound impact on the workplace. Our second annual Top Ten Labor & Employment Events and Trends issue, prepared by John Bowen, a partner in our Minneapolis office, analyzes these notable developments. Report Link Free Speech and the Private Sector Workplace.Shaw Valenza LLP - February 04, 2008 The right to freedom of speech is at the bedrock of our nation’s birth and its continued vitality. Like many of our rights as citizens of the United States, free speech is not absolute. Lawyers and courts wrestle with its limits regularly. The right to free speech often conflicts with other rights, such as the right to own private property, to be free from speech that is closely related to unlawful conduct, and others. Report Link Pending Legislation Could Have Significant Impact on Employers.Buchanan Ingersoll & Rooney PC - February 01, 2008 This update outlines a recently enacted law, a sampling of labor-related legislation being considered in this Congress and recent regulatory action. It includes measures that are top priorities for a number of powerful lobbying interests, including organized labor. Employers should be aware of and monitor these issues, as they may attract amendments or invite revisions that could be adverse to the business community. Report Link Gazing Into the Magic 8-Ball: Employment Law Forecast for 2008.Fisher & Phillips, LLP - January 07, 2008 It's sometimes tough to foresee what the future holds in the always-unpredictable world of employment law. The state of the economy, new legislation, the politics of an election year, unexpected court decisions, societal trends, and media/cultural happenings all play a role in how our workplaces will be shaped in 2008. Report Link The 'Eldercare Generation' Cares About Continuing to Work: Are Companies Interested in Keeping Them?Knowledge@Wharton (Reg Required) - December 07, 2007 When the AARP announced its seventh annual "Best Employers for Workers over 50" awards on September 25, the corporations at the top of the list didn't get there by offering the traditional fringe benefit trio of health, life and disability insurance. Report Link The Sex Offender Down the Hall.Fisher & Phillips, LLP - November 02, 2007 "Megan's Law," a federal statute enacted in 1996, required every state to create a registry for convicted sex offenders and make information about certain of those offenders available to the public. This information is available online at such sites as www.megans-law.net and www.klaaskids.org. Anyone can access these websites and search for registered sex offenders by name. There are also features that identify all registered sex offenders living in a particular neighborhood. By way of example, there are more than 60,000 registered sex offenders identified on California's website, www.meganslaw.ca.gov. Report Link Employers Must Comply with Existing and New Laws.Fredrikson & Byron, P.A. - September 12, 2007 Employers need to be aware of and comply with the following four time-sensitive requirements. Report Link Employer-Sponsored Wellness Programs and Employment Law.Shaw Valenza LLP - August 17, 2007 A corporate “wellness” program focuses on promoting employees’ good health rather than curing poor health. It can take many forms, including subsidized health club memberships or smoking cessation programs, exercise groups organized by the employer, bonuses promoting healthier lifestyles, and flu shot programs. Some employers also are offering lower health care premium contribution rates to employees who lead healthier lifestyles. Employers who have or are considering introducing “wellness” programs to their employees should consider some of the obstacles to implementing such programs. Report Link Avoiding Long Goodbyes: Seven Steps for Conducting Successful Termination Meetings (pdf).Jones Walker - August 06, 2007 Terminating an employee is never easy (unless you really dislike him), and
the very fact that it’s such an uncomfortable situation may lead you to slip up and
say something you’ll later regret. Following these seven field-tested steps for
conducting termination meetings will help reduce your risk of being sued, increase
your chances of winning if you are sued, lower your anxiety level in the process,
and avoid long goodbyes. Report Link Congress Faces Heavy-Hitting Legislations - The Winners and Losers.Ogletree Deakins - July 30, 2007 The U.S. Congress has been busy as of late. Several key issues that have been hotly debated in recent weeks have failed to progress, while others are just making their debut. Below is a summary of the various measures that have a direct impact on employers. Report Link Here Today, Gone Tomorrow: The Trouble With Turnover.Fisher & Phillips, LLP - July 25, 2007 Retailers always have to contend with turnover, but the problem is getting worse, according to recent studies.
The Bureau of Labor Statistics indicates that retail sales was the largest national occupation in 2004 and projects that this job category will see the largest growth from 2004-2014. But recent reports show that a significant number of individuals in these positions plan to seek new jobs this year because of dissatisfaction with compensation. Retail workers also cite frustration with workload, poor advancement opportunities, inadequate training, and lack of professional development among the various reasons for seeking new employment. Report Link Beware of the Bully: It’s Not Just on the School Playground Anymore.Elarbee, Thompson, Sapp & Wilson, LLP. - July 13, 2007 More than a half-dozen states are currently considering laws that would make workplace bullying an unlawful employment practice and give victims the right to sue employers that fail to prevent it. Proponents of such legislation point to surveys reporting that approximately 20% of employees suffer from health issues as a result of workplace bullying, and further note the rather surprising result that half of all bullying reported is committed by women. Nevertheless, it should come as no surprise to employers that the vast majority of bullies reported (71% in one survey) are bosses. Report Link To Re-hire or Not to Re-hire?...A Good QuestionElarbee, Thompson, Sapp & Wilson, LLP. - July 13, 2007 Your organization’s former employees can be an excellent source of future hires. Re-hiring used to be universally frowned upon. However, demographers report that younger generations tend to change jobs more than their predecessors did. So, leaving a job should not be viewed as the sea change it was in generations of greater employer-employee loyalty. Nevertheless, there are important questions in any potential re-hire: Report Link Workplace Bullying and the Future of the "Equal Opportunity Harasser".Shaw Valenza LLP - July 03, 2007 Everyone is familiar with the “mean” boss: a chef who yells at the line cooks in the middle of a busy rush, a manager who becomes angry when a deadline is not met, and a boss who criticizes a poor performer in front of other workers. There historically has been a legal distinction between a “hostile working environment” and mere hostility at work. The courts have ruled that anti-discrimination laws are not a “civility code.” Judicial opinions frequently say the law does not guarantee a utopian working environment, free from stress and conflict. Report Link Dealing With Workplace Security Breaches: A Guideline for Employers.Buchanan Ingersoll & Rooney PC - June 26, 2007 Businesses maintain incredible amounts of confidential, sensitive and private information about their consumers, clients and employees. This personal information is fuel to a would-be identity thief. Whether it’s preventing security breaches before they happen or dealing with security breaches after they occur, a business must act aggressively to minimize workplace-related identity theft. Report Link Workplace Protections for "Caregivers".Shaw Valenza LLP - June 07, 2007 It is no secret that employee demographics are rapidly changing. One statistic receiving both state and federal level attention is the increasing number of “caregivers” in the workplace. Report Link Supreme Court: Willful Violation Of Fair Credit Reporting Act Requires Knowing And Reckless Conduct.Jackson Lewis LLP - June 06, 2007 In its only decision addressing the Fair Credit Reporting Act this Term, the Supreme Court has held that in order for a violation of the FCRA to be willful, it must have been committed knowingly and recklessly. Report Link Proprietary Information Protection Programs Should be a Company Priority.Jackson Lewis LLP - May 16, 2007 Comprehensive proprietary information protection programs can lower the risk of a company's losing control of its trade secrets. A recent California case offers a good example of what can happen when a company does not take a systematic approach to protecting its proprietary information. Report Link Jury Service is a Protected Activity (pdf).Vedder Price - April 13, 2007 Federal and Illinois law protects employees against adverse action because of jury service. Report Link Get Healthy Or Else! Part 1.Fisher & Phillips, LLP - March 30, 2007 In order to combat the rising cost of providing employee health care, employers are begining to put the squeeze on employees to get and stay healthy. Report Link Top Ten Labor and Employment Events and Trends of 2006 (pdf).Ford & Harrison LLP - March 02, 2007 This issue highlights the Top Ten Labor & Employment Events and Trends of 2006. Included on this list are: Change In Congressional Leadership May Lead To Profound Shift In The Congressional Legislative Agenda, NLRB Clarifies The Definition of "Supervisor"; Supreme Court Expands Protections Against Employer Retaliation; Targeting Hidden Bias: EEOC Revises Compliance Manual To Address Implicit Discrimination; Davids 1 through 100 v. Goliath: FLSA Collective Actions Target High Profile Companies; Pandemic Fever: Employers Confront Need For Contingencies To Counter Potential Pandemic Illnesses; "Change To Win" Coalition Initiates Aggressive Plans to Organize "Millions of Workers"; New E-Discovery Rules Will Require Comprehensive Document Retention Programs; Congress Enacts Sweeping New Pension Legislation; Support Our Troops! The DOL Implements New Military Leave Act Regulations. Report Link A Checklist For Preventing Human Resources Problems.Shaw Valenza LLP - March 01, 2007 Management concerned with employment law liability should be focused on prevention: preventing lawsuits, preventing employee morale problems, and preventing the day-to-day hassles personnel issues can create. The road to success in this area is not paved with good intentions, however. Employers must understand basic human resources principles to avoid the employment law pitfalls that await. Report Link Hospitality: Defamation By Conduct.Fisher & Phillips, LLP - February 13, 2007 The surge in employment lawsuits over the last decade has caused many employers to lose sleep both before and after firing an employee. Discharges invariably give rise to worries about a variety of possible lawsuits including actions for discrimination, wrongful termination, retaliation, breach of contract and more. Report Link 2006 State Employment Law Changes at a Glance.Jackson Lewis LLP - February 08, 2007 In 2006, as in recent years, state legislatures passed numerous laws relevant to the workplace. The latest laws continue to expand employee protections and rights. Many of the new requirements parallel proposed federal legislation. Employers in jurisdictions which have not passed such enactments in many cases may expect their state legislatures to consider similar legislation in the near future. Report Link More than Job Demands or Personality, Lack of Organizational Respect Fuels Employee BurnoutKnowledge@Wharton (Reg Required) - December 29, 2006 When Lakshmi Ramarajan worked for a non-profit organization several years ago, she noticed a high turnover rate among the employees. It wasn't because of the work itself, but because of the organization's management. "Employees were passionate about their jobs, but felt disrespected by their managers," says Ramarajan. "The employees were belittled and patronized, and often publicly chastised for challenging the status-quo." Complaints about the negative work environment "were met with inertia or rejected out of hand. Eventually a lot of employees left." Report Link Efforts Are Growing to Trim the Fat from Employees -- and Employers' Health Care Costs.Knowledge@Wharton (Reg Required) - December 29, 2006 Perhaps it was the statement from the Centers for Disease Control and Prevention in Atlanta that more than 30% of all adults in the United States are obese, a number that has more than doubled since 1980. Perhaps it was the new report that obesity may cause as many as 365,000 deaths per year at a time when Americans reportedly spend over $40 million annually on books, products and programs to help them lose weight. Or maybe it was the CDC's dire prediction that "current data indicate that the situation is worsening rather than improving." For whatever reason, the latest statistics have flagged obesity as a serious health issue that corporations can no longer ignore. Report Link Plateauing: Redefining Success at Work.Knowledge@Wharton (Reg Required) - December 12, 2006 As an executive coach who works with corporations, Monica McGrath has her ear to the ground. And what she is hearing is this: A number of men and women in middle management are increasingly reluctant to take the next step in their careers because the corporate ladder is not as appealing as it used to be, and the price to climb it is too high. "These people are still ambitious, and they are still driving. They just aren't driving for the same things they were driving for 15 years ago," she says. Report Link More than Job Demands or Personality, Lack of Organizational Respect Fuels Employee Burnout.Knowledge@Wharton (Reg Required) - November 21, 2006 When Lakshmi Ramarajan worked for a non-profit organization several years ago, she noticed a high turnover rate among the employees. Report Link Ballot Initiatives Passed On Election Day Will Affect How Employers Do Business In Eight States.Littler Mendelson, P.C. - November 13, 2006 On November 7, 2006, voters in several states passed controversial initiatives that will significantly affect the cost of doing business in those states. New laws passed in Arizona, California, Colorado, Michigan, Missouri, Montana, Nevada and Ohio will have a considerable impact on employers in those states. Report Link Efforts Are Growing to Trim the Fat from Employees -- and Employers' Health Care Costs.Knowledge@Wharton (Reg Required) - November 02, 2006 With all the statistics showing how many adults in the U.S. are obese (30%), how many deaths are caused each year by obesity (365,000) and how bad the problem is (getting worse, not better), it's no surprise that obesity is definitely on employers' radar screens this year. But, Wharton experts and others point out, obesity is not just bad for the individual; it also weighs heavily on companies' rising health care costs. Report Link Connecting the Corporate Dots: Social Networks Reveal How Employees and Companies Operate.Knowledge@Wharton (Reg Required) - July 11, 2006 With the recent disclosure of wiretapping by the National Security Agency and the booming success of sites like MySpace and Friendster, social networking is much in the news today. But serious interest in social networks can also be found among academics, consultants and corporations seeking to deepen their knowledge of how companies operate. While organizations have been aware of the power of social networks for some time now, researchers at Wharton note that mapping these connections can yield some potent insights, such as how board members interact within and among companies, and how employee relationships can be better understood to improve productivity and the dissemination of ideas. Report Link Disaster preparedness and response: an experienced employer's checklist (pdf).Jones Walker - June 20, 2006 When it comes to disaster preparedness and response, your editors write with experience.
While reviewing our article titled “Weathering the storm: Katrina’s lessons on crisis
management for employers” from our September 2005 issue, we were reminded of the ways in
which our disaster recovery and response plan worked, and we have since considered ways in
which it can be improved. During the past year, we have studied our own experience, the
experiences of our clients, and the resources made available by the multitude of private and
public organizations prepared to help employers and employees when disaster strikes. Report Link Employee Incentive Systems: Why, and When, They Are So Hard to Change.Knowledge@Wharton (Reg Required) - June 08, 2006 In the late 1980s, as part of an effort to beef up its core IT business, Andersen Consulting (now Accenture) began to hire specialist strategy consultants from outside the company. These consultants were more experienced than the usual Andersen employees, and they were accustomed to "much more aggressive individual performance incentives" than was the norm among Andersen's existing IT staff, according to Wharton management professor Sarah Kaplan. Report Link The Law: Limiting Exposure -- of the Legal Kind (pdf).Littler Mendelson, P.C. - May 12, 2006 In this Littler attorney authored article published in the most recent Harvard Business Review, shareholder Peter Susser guides employers through the steps employers should take now to prepare for a global pandemic such as Avian Flu. He discusses the importance of navigating education, communication, hygiene, privacy, and leave time issues, and the details that constitute the employer's responsibilities in the wake of such a disaster. Report Link Federal Regulatory Agenda -- Washington In Your Workplace (pdf).Ogletree Deakins - May 10, 2006 Executive Order 12866 and the
Regulatory Flexibility Act require that
federal agencies publish semiannual
agendas describing regulatory actions
they are developing or have recently
completed. The agendas are published
in the Federal Register, which allows
the public an opportunity to participate
in the regulatory process through a subsequent
notice and comment period. Report Link Washington Update: Workplace Legislation On The Horizon (pdf).Ogletree Deakins - February 21, 2006 When Congress returned to Washington
for the start of the second session, it
resumed consideration of several significant
workplace bills. Comprehensive
pension reform and immigration
legislation will be among the early legislative
priorities in 2006, a congressional
election year. Executive Branch
and federal independent agencies also
will consider important workplace issues.
Foremost among them are longawaited
decisions in cases pending at
the National Labor Relations Board,
now that the Board has all five members
in place. Report Link Federal And State Governments Waive Regulations After Hurricanes (pdf).Ogletree Deakins - November 09, 2005 As the Gulf Coast and the nation deal
with the aftermath of Hurricanes Rita
and Katrina, numerous rules and regulations
affecting both employers and
employees have been temporarily suspended
or modified. Employment-related
waivers and dispensations recently
authorized by government agencies,
as well as links to obtain additional
information, are summarized below. Report Link Louisiana Employment Law Letter: Lessons learned from being in path of three hurricanes (pdf).Jones Walker - September 19, 2005 Everyone is already familiar with the checklist of hurricane
preparations for Gulf Coast residents: flashlights,
batteries, plenty of nonperishable foods, drinking water,
and ladders, axes, or other tools that can be used to gain
access to roofs or higher ground. Businesses need not only
a checklist of preparations but also a checklist of important
things that must be done in the aftermath. Here are
some suggestions for those lists. Report Link Weathering the storm: Katrina's lessons on crisis management for employers (pdf).Jones Walker - September 16, 2005 We know many of you and your employees were directly or indirectly affected by
Hurricane Katrina. We also know that the magnitude of the disaster, which is being called the
worst in the nation’s history, was likely greater than anticipated by many disaster recovery plans
implemented by even the most wellprepared employers. Your Louisiana editors are grateful to
have the opportunity to address you once again, particularly since we operate out of our law
firm’s headquarters in downtown New Orleans. This article was written far from New Orleans
but close on the heels of the disaster that has forever changed much of the Gulf Coast and the
employees who work and live there. This issue contains a series of articles designed to help you
and your employees cope with the crisis and plan for the future. Report Link Employers' Responsibilities In the Wake of a Natural Disaster.Littler Mendelson, P.C. - September 06, 2005 As the home of jazz is inundated by the sounds of rushing water, hundreds of thousands of employees have fled their work and livelihoods following the wake of Hurricane Katrina. Likewise, thousands of employers are now facing an uncertain future, including how to handle their displaced workers. The human and financial effect of Hurricane Katrina will undoubtedly impact businesses well beyond the region, and even thousands of miles from the Gulf Coast for months to come. Report Link Katrina Disaster Relief Efforts: The Need for Preparedness.Jackson Lewis LLP - September 02, 2005 The U.S. Department of Homeland Security (DHS) has activated the Homeland Security Information Network (HSIN) to expedite response efforts to the victims of Hurricane Katrina. Report Link Is Your HR Department Friend or Foe? Depends on Who's Asking the Question.Knowledge@Wharton (Reg Required) - August 16, 2005 Talk to human resources professionals, consultants and scholars who study the workplace and you will find two different views of HR. According to its critics, HR departments can be needlessly bureaucratic, obstructionist, stuck in the "comfort zone" of filling out forms and explaining company benefits, and too closely aligned with the interests of management yet lacking the business knowledge to be effective strategic partners. Dealing with these types of HR departments "is like going to the dentist," says David Sirota.
Report Link How to deal with workplace gossip, among other things.Jones Walker - August 11, 2005 This month we received several interesting questions from our readers. One reader asks what to
do about workplace gossip over whether a female employee had some “work” done, another
inquires about the “reasonable accommodation” process, and the last two bring up concerns
about violence from former and current employees. Your questions reveal the variety of issues
HR professionals encounter each day and the different legal and practical considerations that
arise when you deal with them. Report Link 2005 Littler Report: Strategic Initiatives for the World at Work (pdf).Littler Mendelson, P.C. - August 09, 2005 A World Class Standard for Crisis Management in the Workplace: Implementing the American National Standard on Disaster/Emergency Management and Business Continuity Programs; The Role of the Chief Compliance Officer: Integrating Employment and Labor Law Compliance into the Corporate Compliance Initiative and Learning the New Language of Compliance. Report Link New Disposal Rule Takes Effect June 1, 2005.Ogletree Deakins - June 02, 2005 The Federal Trade Commission (FTC) recently issued new rules governing the proper disposal of
consumer report information and records. The Fair and Accurate Credit Transactions Act (FACT Act), which was signed into law by President George W. Bush on December 4, 2003, amended the Fair Credit Reporting Act by imposing a new requirement on companies that possess or maintain consumer information. Under authority granted by the FACT Act, the FTC adopted the new regulations with the intended purpose of reducing the risk of consumer fraud and related harms, including identity theft. The new rule, which will impact many employers, goes into effect today (June 1, 2005). Report Link New FTC Regulations On Proper Destruction of "Consumer Information": Steps Employers Need to Take to Comply.Littler Mendelson, P.C. - May 31, 2005 As part of its comprehensive efforts to combat identity theft, the Federal Trade Commission (FTC) has promulgated regulations effective June 1, 2005 for the proper destruction of “consumer information.” While some commentators have raised alarms by asserting that these new regulations create the potential for significant employer liability, and even class action lawsuits, the relatively limited scope of the regulations makes the practical reality of such liability more remote than the alarmist commentators suggest. Report Link Giving Employees What They Want: The Returns Are Huge.Knowledge@Wharton (Reg Required) - May 12, 2005 David Sirota, co-author of The Enthusiastic Employee: How Companies Profit by Giving Workers What They Want (Wharton School Publishing), believes far too many managers stifle employee enthusiasm across the board by using bureaucratic or punitive techniques that should be reserved for a troublesome few. Report Link Charges of Gender Discrimination Climb; Co-Worker Dating Policies, Diversity Programs Gain Favor.Jackson Lewis LLP - March 24, 2005 Findings from the 2004 Jackson Lewis Workplace Survey reveal changing trends and attitudes among employers across industries and across the nation. Among the most notable changes in workplace trends and attitudes reported by the survey respondents in 2004 are the following. Report Link Outsourcing Advisory: Anti-Outsourcing Legislative Update (pdf).Hughes Hubbard & Reed LLP - February 10, 2005 The past two years have seen a dramatic increase of anti-outsourcing legislation
introduced before the U.S. Congress and state legislatures by Federal and state
lawmakers as well as directives by state executive branches. Report Link Strategic Initiatives for the Changing Workforce (pdf).Littler Mendelson, P.C. - February 09, 2005 Covering 'Corporate Diversity', 'The Knowledge Workforce', 'The Flexible Workforce', and 'The Legally Compliant Workforce'. Report Link The CEO's Path to the Top: How Times Have Changed.Knowledge@Wharton (Reg Required) - January 27, 2005 In a new study that compares Fortune 100 executives in 1980 with their counterparts in 2001, Peter Cappelli, director of Wharton's Center for Human Resources, and colleague Monika Hamori document what many CEOs and other senior managers have no doubt already witnessed. Report Link Frequently Asked Questions When a Business Must Close Because of Inclement Weather...Such as Hurricanes.Jackson Lewis LLP - September 14, 2004 Many employers are puzzled about their obligations to their employees in terms of wages when business closures are forced by inclement weather. Here are some frequently asked questions and answers. Report Link IKEA: Furnishing Good Employee Benefits Along with Dining Room SetsKnowledge@Wharton (Reg Required) - March 26, 2004 As a rising IKEA executive in the late 1990s, Pernille Spiers-Lopez was charging from one task to another when a sudden chest pain signaled a possible heart attack. Lying in the ambulance, she thought to herself, "Oh, so this is success." Report Link Puzzling through the Jobless Recovery -- Or Is It a Fundamental Shift?Knowledge@Wharton (Reg Required) - March 12, 2004 On March 5, the U.S. Labor Department announced that the U.S. economy had created only 21,000 new jobs in February, far below the 150,000 that economists had predicted. Report Link It's Time to Talk Sense about Outsourcing.Knowledge@Wharton (Reg Required) - March 02, 2004 Gregory Mankiw, head of the White House Council of Economic Advisors, ignited a firestorm of debate this month when he said outsourcing of U.S. jobs is probably a good thing in the long run. Report Link Tales from the Trenches: Lessons from 30 Years of Career Warfare.Knowledge@Wharton (Reg Required) - January 21, 2004 We might like to believe that the way to get ahead in the corporate world lies in hard work and brain power. Report Link "Our Agenda is to be Mr. Asia"Knowledge@Wharton (Reg Required) - October 27, 2003 Of all the business processes that are moving to the developing world, one of the fastest-growing areas is human resources. Report Link The Input Bias: How Managers Misuse Information When Making Decisions.Knowledge@Wharton (Reg Required) - September 11, 2003 Business decisions are frequently made based on input information that is either biased or manipulated. Report Link What Labor Shortage? Debunking a Popular Myth.Knowledge@Wharton (Reg Required) - August 28, 2003 The coming labor shortage. It’s a prediction frequently made by think tanks, consulting firms and corporate human-resources executives who expend a great deal of time and energy worrying about how companies and the U.S. economy are going to cope with a dearth of workers in the years to come. The problem, however, is that this piece of conventional wisdom, which holds a host of implications for both the private and public sectors, is false. Report Link What’s Behind Oracle’s Unwelcome Bid for PeopleSoft?Knowledge@Wharton (Reg Required) - June 19, 2003 Oracle’s Larry Ellison, a chief executive not known for being timid, has thrown a big boulder into a small pond with his company’s hostile takeover bid for PeopleSoft. Report Link The State of the Workplace: The Jackson Lewis Annual Workplace Law Survey Reveals Trends and Attitudes at U.S Corporations.Jackson Lewis LLP - January 02, 2003 Jackson Lewis, a leading employment law firm, recently published the results of its Annual Workplace Law Survey. Throughout 2002 the firm polled hundreds of human resource executives from a broad range of businesses.
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ArticlesFound: 112 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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