With hurricane season upon us, employers are justifiably concerned about the potential impact of a natural disaster on their business. A hurricane, natural disaster, or any other crisis in the workplace can bring a business to a screeching halt and devastate the lives of a business’s most valuable asset, its employees.
Articles Discussing General Human Resources Issues.
Blockchain Tokens as Compensation
Blockchain is a revolutionary technological tool in the way it tracks and stores data, decentralizes information, establishes trust in electronic files, and dispenses of intermediaries. This technology powers virtual currencies, also known as cryptocurrency or virtual tokens. Companies are raising money using “initial coin offerings” (ICOs) and using tokens to compensate and incentivize founders, directors, employees, and consultants. This raises legal questions as to how the tokens will be viewed and regulated by the Internal Revenue Service (IRS) and the U.S. Securities and Exchange Commission (SEC).
Vague FTC Order Addressing Data Security Struck Down by Federal Appellate Court
In a significant ruling that calls into question the Federal Trade Commission’s (“FTC”) authority to regulate a private company’s data security program, a federal appellate court of appeals ruled that the agency’s cease and desist order directing implementation of a data security program should be vacated as unenforceable. LabMD, Inc. v. Federal Trade Commission, No. 16-16270 (11th Cir. June 6, 2018).
Dear Littler: How Do Employers Use Big Data, And What Are The Risks?
Dear Littler: We are revamping our online job application. I asked our HR director if we should eliminate the question asking about an applicant’s hobbies. Not only does she think we should keep the question, but she says we need to gather more “big data” about our candidates. What the heck is “big data?” Are there any risks with relying on “extra” information about candidates?
The Future Is Now: Workforce Opportunities And The Coming TIDE
The rise of artificial intelligence (AI) and robotics will generate unprecedented opportunities and challenges for employers and workers. The accelerating pace of automation will likely lead to productivity increases on a scale not seen since the Industrial Revolution, while displacing tens of millions of American workers from their current occupations. Too often, news reports dramatically focus on AI and robots as job killers. Unfortunately, the debate over whether jobs eliminated will outnumber jobs created ignores two related and no less important questions:
Survey Finds Healthcare Workers Understand Security Measures But Still Share Sensitive Information Through Non-Secure Email
According to reports on a recent survey, the vast majority of healthcare workers share sensitive medical information using non-secure email. The survey, conducted by Kickstand Communications, reportedly found that 87% of healthcare workers surveyed admitted to this practice. These results echo other reports finding that employees and others with access to an organization’s confidential information may pose the greatest risk to data security.
July Is the New January: From Salary History to Data Security Breaches, New State and Local Laws Are Set to Take Effect Soon
Every year state laws and local ordinances take effect after the first of the year, and 2018 is no exception. As always, Littler’s Workplace Policy Institute (WPI) has been tracking these developments. This article discusses key labor and employment laws and ordinances that will take effect during the latter half of 2018. Laws addressing salary history inquiries and reinstatement for service members called to duty are among the most prevalent categories of legislation taking effect in the coming weeks. That said, legislatures across the country have enacted laws on a multitude of employment-related topics, ranging from data security breaches to paid sick leave. With these new laws going into effect before the end of the year, employers will need to pay special attention and make any necessary changes in their procedures and policies.
Number of Contingent Workers Inches Higher, DOL Survey Finds
The Department of Labor (DOL) has confirmed the gig economy is alive and well, but the number of workers has increased only slightly in the past decade. The DOL released its much-anticipated “Contingent and Alternative Employment Arrangements Survey” report on June 7, 2018.
Building Better Workers: How Apprenticeship Programs Can Benefit the Construction Industry
Developers and contractors in the construction industry have seen an increasing shortage of qualified labor in recent years. Apprenticeship programs are one way to attract workers to the industry and help them develop the skills necessary to succeed in the long-term. The current administration is taking steps to foster and expand regulated apprenticeship programs in this country. In this podcast, Littler Shareholders Keith Rosenblatt and Russ McEwan discuss what an apprentice program entails, how it benefits the construction industry, and how employers can participate in these programs.
WPI State of the States: Equal Pay, Paid Leave and Harassment Still Dominate
As summer approaches, most state legislatures have closed up shop for the year. Approximately 14 states are still in session, four of which are scheduled to adjourn in or around the end of June. Those jurisdictions that remain in session are enacting or advancing bills addressing a wide range of labor and employment issues. Some subjects have gained in popularity over the course of 2018, and continue to dominate the legislative calendars. This month’s State of the States will focus on these key trending topics: equal pay, paid sick leave, drug testing, harassment, discrimination and accommodation.
How a Multinational Employer Can Craft a Global Social Media Policy
ocial media is so powerful that some argue Russian manipulation of it changed the result of a U.S. presidential election. In the employment context, social media is not quite that powerful, but employment-context social media is pervasive, reaching interactions between employers and employees, interactions among co-workers, and staff interactions with the outside world.
U.S. Supreme Court Forecloses Liability of Foreign Corporations Under the Alien Tort Statute
On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”). This case – Jesner v. Arab Bank1– appears to eliminate the ATS as a vehicle for plaintiffs to bring claims against foreign multinational companies for their employment practices overseas.
Health Apps: Convenience vs. Security Risks
The pace of innovation in healthcare today has produced an amazing increase in the number of available mobile apps for health-related information. More than 300,000 healthcare apps are available online. These apps are developed and designed to fit within the “connected health model” which attempts to provide flexible and efficient healthcare services by using connected technology that offers better communication, access and diagnostic capabilities. Many healthcare professionals use mobile apps for immediate communication with their patients and more responsive healthcare management. In a nutshell, there is a “mad dash” to address the demand of providing more “real time” health data. In response to this innovation, the question then becomes whether healthcare providers can tap into the available technology of “connectivity” and still protect health and personally identifiable information.
The Littler Annual Employer Survey 2018
Employers are feeling some regulatory relief following a year that brought several changes to workplace policy, but are also grappling with the uncertainty these shifts have created. Sweeping regulatory changes have left them to redesign policies and strategies that had only recently been updated, while simultaneously navigating a growing patchwork of employment laws as states and localities work to fill perceived policy vacuums at the federal level. Meanwhile, the cultural shift sparked by the #MeToo movement is among the many forces of change impacting the workplace and focusing greater attention on workplace behavior, company culture and equal treatment of employees of various backgrounds.
WPI State of the States: Equal Pay, Paid Leave, and Gig Economy Bills Gain Momentum
May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month. As a result, only about 30 new bills and ordinances were introduced in April, down from the hundreds that had flooded the legislatures since the beginning of the year. Most of the legislative activity last month focused on active consideration of these pending measures.