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Think Your Former Employees Can’t Use the LinkedIn Contacts They Got With Your Help? Think Again

Do your employees have profiles on LinkedIn? Are they connected to your customers? Must they “unfriend” your customers if they ever left your company? Maybe not!

Hang tight, employers — EEOC’s proposed Wellness Rule is at the OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak.

March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk?

Executive Summary: The American Gaming Association estimates that Americans will wager $9 billion on the NCAA tournament, more than double the estimated $3.9 billion bet on the Super Bowl, bringing March Madness to a whole new level. Of that amount, only about $2 billion will be bet legally. See Estimated 40 million to fill out brackets, Many of the illegal wagers will be made through the ubiquitous office pool. March Madness, Super Bowl, and Fantasy Football pools have become so ingrained in the American workplace that most view them as harmless. In fact, while arguing in support of legislation that would amend Pennsylvania's small games of chance law to include small monetized pools conducted by individuals, Pennsylvania state senator Lisa Boscola pointed out these pools are so common one was even being circulated on the Senate floor at that time. See Pa. legislators battle state police over Super Bowl betting pools, Boscola introduced the legislation after state police seized funds collected for Super Bowl pools by two volunteer fire departments and a social club in Pennsylvania, claiming the pools violated the federal Professional and Amateur Sports Protection Act (PASP).

Public and Private E-mails Don’t Mix

Hillary Clinton recently made headlines for using her personal email account for business purposes during her tenure as Secretary of State. This high profile example provides us with an opportunity to reflect upon what is commonplace for some. It can be tempting for employees to use personal email accounts to conduct corporate business, particularly when working remotely. However, the highly sensitive nature of Clinton’s job raised questions over the security of using a non-work email account to transmit information. Depending on the nature of your job or the emails that you send, there are risks when mixing personal and business e-mails.


Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law Apr.Fool.ELBC.Foolblog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts that I’m listing them in alphabetical order by blogger’s last name. Enjoy!

Turning Metrics Into Money: An Interview With Solange Charas, Ph.D.

Solange Charas, Ph.D. is chief executive officer (CEO) of Charas Consulting, Inc. In her career, she has served as a chief human resources officer (CHRO) and corporate board director, her research has been published in Harvard Business Review and The Corporate Board magazine, and she has appeared on Bloomberg Business.

Workplace Considerations for the Coming (March) Madness

The focus of nearly every sports fan — whether devoted or casual — and even many people who rarely pay attention to sports will be drawn to the coming men’s and women’s college basketball tournaments. Held over three weeks, more than 130 teams will compete for the national championships in the two tournaments. And every one of these games is televised or streamed on the Internet. Many will take place during working hours.

SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing

The U.S. Securities and Exchange Commission (SEC) may soon be investigating the agreements companies make with their employees. According to a February 25, 2015 Wall Street Journal report, the SEC has sent requests to several companies asking for years of employment contracts, nondisclosure agreements, and other documents imposing confidentiality obligations on employees.

OSHA Issues Amended Procedures for Handling Retaliation Complaints Under the Sarbanes-Oxley Act

On March 5, 2015, OSHA issued amended procedures for the handling of retaliation complaints under Section 806 of the Sarbanes-Oxley Act of 2002. The amended procedures, now effective, govern employee protection claims. By way of background, on November 3, 2011, an interim final rule (“IFR”) governing these provisions and requesting comment was published in the Federal Register, 76 FR 68084. Pursuant to the IFR, five comments were received.

eLABORate: "Sign of the Beast" Hand Scanning Case Provides Valuable Lesson to Employers

An employer’s use of a high-tech device to stay in compliance with the Fair Labor Standards Act (“FLSA”) has resulted in a large dollar jury verdict in a religious discrimination case, as well as continued scrutiny from the Equal Employment Opportunity Commission (“EEOC”). [EEOC v. Consol Energy, Inc., N.D. W.Va.] The case should serve as a valuable lesson to employers when it comes to providing for reasonable accommodation of religious practices, as required under Title VII of the Civil Rights Act of 1964.
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