File this in the “Managers really can be idiots” folder.
Articles Discussing Human Resources And Other Workplace Topics.
FDIC Loosens Restrictions on Hiring Bank Personnel with Criminal Histories
The Federal Deposit Insurance Corporation (FDIC) recently published its final rule on modifications to the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), which will ease certain hiring requirements for banking industry employers.1
“This Call is Being Recorded”: Secret Workplace Recordings
Executive Summary: Increasingly, stories are appearing in the news about employees who have secretly recorded their colleagues and supervisors at work. It may come as a surprise that such recordings may be completely legal. The ease with which secret recordings can be made presents multiple considerations for employers.
Hit the Pause Button: The Implications of Recording in the Workplace
Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he threatened her during the meeting. White House officials quickly fired back that the recording was a breach of protocol and possibly illegal. Given the controversies in the news, employers might be wondering when recording is legal and what policies they can lawfully implement on recording in the workplace.
Seventh Circuit Holds Class Action Plaintiff Had Standing for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision
On August 29, 2018, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Robertson v. Allied Solutions, LLC, holding the plaintiff had standing to sue in federal court under the Fair Credit Reporting Act (FCRA). Standing is a constitutional requirement to bring a lawsuit in federal court. Standing requires, among other things, that the defendant’s alleged wrongdoing caused the plaintiff to suffer a concrete “injury-in-fact.” In Robertson, the court held that the plaintiff established standing for her class action claims based on the defendant’s alleged violation of the FCRA’s “pre-adverse action” notice requirement.1 Earlier this year, the Ninth Circuit reached just the opposite conclusion in a similar class action.2 Together, the two opinions underscore the grave uncertainty in this evolving area of class action litigation, one that employers should continue to be mindful of and closely monitor.3
New Amendment May Soon Affect FCRA Pre-Adverse Action Notice Requirements
Fair Credit Reporting Act (FCRA) class action lawsuits against employers are reaching epidemic proportions as class-wide settlements encourage more lawyers to move into this niche practice area.1 Because most of the opinions tend to come from trial courts, definitive guidance for employers is lacking. What’s more, the plaintiff’s bar may attempt to use a new amendment to the FCRA to argue that employers have additional duties under the FCRA’s “pre-adverse action” notice provisions (15 U.S.C. § 1681b(b)(3)). However, on closer scrutiny, as described below, this argument appears to be “creative” at best.
Littler’s WPI Labor Day Report 2018
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of the American workforce. The WPI offers this Report to provide an overview of the U.S. labor economy, highlight employment trends, discuss key employment developments from the past year, and provide a preview of things to come.
State Attorneys General Step Up Antitrust Probes of Franchise Industry Hiring Practices
In the midst of a federal effort to ramp up antitrust prosecutions of companies agreeing not to recruit or hire each other’s employees (see previous articles dated November 9, 2016, January 25, 2018, April 25, 2018 and July 17, 2018), special scrutiny – and criticism – has been directed toward the use of no-poach agreements in the franchise industry. State Attorneys General now lead the fight to limit the practice, and early indications suggest that their efforts are already producing results.
How to Minimize Exposure to Jury Verdicts with Internal Investigations
It is more important than ever that employers conduct internal investigations of workplace complaints and take appropriate action when there is cause to do so. Proper investigations and thorough pre-litigation assessments can help employers minimize exposure to unfavorable jury verdicts and awards.
Evaluating and Challenging Standing in Fair Credit Reporting Act Actions
The Ninth Circuit’s recent ruling in Dutta v. State Farm Mutual Automobile Insurance Company highlights the importance of evaluating and potentially challenging a plaintiff’s standing in a Fair Credit Reporting Act (“FCRA”) action.
Spotlight on Positive Employee Relations Training: How Employers Can Reap the Benefits of Employee Engagement
In this podcast, Littler attorneys Michael Kessel, Russ McEwan and Alan Model, out of our Newark office, discuss the importance of cultivating “employee engagement” to foster a productive, invested workforce.
Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries
In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry.
WPI State of the States: Employer Liability, Harassment, and Salary History Bans Continue to Occupy State Legislatures
As the summer months heat up, state legislative activity has noticeably cooled. Only two states (New Jersey and Massachusetts) are in active session, and Rhode Island, which had been in recess, is scheduled to adjourn at the end of the month. California’s brief recess is set to end on August 6, when state lawmakers will try to usher a host of bills through committee and eventually to the governor’s desk. Only a handful of other state legislatures will similarly reconvene after a summer recess. The few labor and employment bills and ordinances enacted in July address the same topics that have remained popular throughout the year: discrimination and harassment, equal pay, paid sick leave, and wage and hour. This month’s State of the States discusses these enacted measures and those that moved in July 2018.
Working Time and Commutes in France
France’s labor code does not ordinarily consider an employee’s commute as effective working time. When the commute’s length surpasses the usual trip between one’s home and the workplace, however, the employee must be compensated with either time or money. This leaves room for questions regarding employees who are constantly on the move: Is their transit working or rest time? And should it be compensated?
Review of Supreme Court Nominee Kavanaugh’s Labor and Employment Rulings Highlights “Common Sense” Textualist Approach
On July 9, 2018, President Donald Trump announced his selection of Judge Brett Kavanaugh to fill the vacancy of retiring Justice Anthony Kennedy. Judge Kavanaugh will still need to be confirmed by the Senate in what has become an increasingly political process. Since 2006, Judge Kavanaugh has served as a United States Circuit Judge for the U.S. Court of Appeals for the District of Columbia Circuit. As a result, there is a large body of opinions, concurrences, and dissents that he has authored that provide insight into how Judge Kavanaugh may rule if confirmed.