Littler Mendelson, P.C. • March 12, 2014
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Federal Trade Commission (FTC) have issued joint guidance to employers, employees and job applicants on the use of background checks in employment. The tip sheets do not deviate from prior agency guidance on this topic, but rather provide “best practices” guidelines and additional resources. The first document, Background Checks: What Employers Need to Know, targets employers, while the other, Background Checks: What Job Applicants and Employees Should Know, is directed at employees and job
Ogletree Deakins • March 12, 2014
Are your employees engaged or are they transactional? Do you believe that employee engagement has a substantial impact on your bottom line? If so, what are you doing to increase employee engagement?
Jackson Lewis P.C. • March 12, 2014
Privately owned companies, in addition to publicly traded companies, may be subject to whistleblower liability under the Sarbanes-Oxley Act of 2002 (SOX), the U.S. Supreme Court has ruled in a 6-3 decision. Lawson v. FMR LLC, No. 12-3 (Mar. 4, 2014). The Court held private company employees, in certain circumstances, are entitled to the anti-retaliation protections afforded by SOX. However, the decision left unclear the extent of these circumstances, thus generating ongoing debate about the reach of SOX.
Constangy, Brooks & Smith, LLP • March 12, 2014
Employers who are privately held may have believed that they did not have to worry about the whistleblower protections of the Sarbanes-Oxley Act because the SOX applies to publicly held companies. But last week's Supreme Court decision in Lawson v. FMR, holding that the whistleblower protections of the SOX apply to private contractors that perform work for publicly held companies, means that a lot of employers will have to get up to speed.
Fisher & Phillips LLP • March 11, 2014
On March 5, 2014, the U.S. Supreme Court upheld an arbitration panel’s award and broadened arbitrators’ authority to determine preliminary issues in arbitration agreements. Although the case concerned a treaty dispute between a corporation and a sovereign nation, the Court’s decision reframed the issue as an arbitration dispute and continued to follow well-established precedent that favors arbitration while limiting judicial intervention of such agreements. This ruling is good news for employers. BG Group v. Republic of Argentina
Brody and Associates, LLC • March 11, 2014
If an employee is not included in a reduction in force, this may be an unlawful adverse change in employment under Title VII, according to a Michigan Federal District Court.
ManpowerGroup • March 11, 2014
U.S. employers report a stable hiring forecast, according to the latest Manpower Employment Outlook Survey.
Jackson Lewis P.C. • March 10, 2014
The use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws will be discussed at the Equal Employment Opportunity Commission meeting, which is opened to public observation, on March 12, 2014. According to the Commission’s announcement, an invited panel of employment law attorneys will address “a range of issues, including recruitment and hiring, harassment, and records retention and discovery.” (See our special report, Social Media in the Workplace, for a review each of these issues.)
Franczek Radelet P.C • March 10, 2014
In Lawson v. FMR LLC, the U.S. Supreme Court held that the whistleblower protections found in the Sarbanes-Oxley Act (SOX) protect from retaliation employees of privately held contractors and subcontractors of publicly traded companies—and not just those employed directly by a public company.
Jackson Lewis P.C. • March 10, 2014
Finding a professor’s reported comments to students regarding his religious beliefs were not protected under the First Amendment of the U.S. Constitution, a federal court in Mississippi granted summary judgment in favor of a state university on the professor’s retaliation claim. Payne v. University of Southern Mississippi, No. 1:12-CV-41-KS-MTP (S.D. Miss. Feb. 21, 2014). The court also granted summary judgment, in part, in favor of the university on the professor’s claims for alleged violations of his procedural and substantive due process rights.