Employment Law Archives - Page 2 of 3

Tips for avoiding a data security breach

08/17/202004/05/2017 by Report from Counsel

Regardless of the size of your business, it’s critical that you work proactively to protect the sensitive and private information of your customers, clients and employees. While you might hear more often about data breaches at bigger companies, the reality is that smaller companies and organizations are often targeted and typically have limited data security … Read more

Businesses can’t agree not to ‘poach’ employees

03/31/201603/19/2016 by Report from Counsel

It might be tempting to informally agree with other business owners in a niche field not to poach one another’s employees, but it’s illegal – and recently, some businesses have paid a high price. For example, the Department of Justice went after several tech companies that allegedly had an informal “no-poach” understanding. The employees themselves … Read more

Business gets salary back from ‘disloyal’ employee

12/15/2015 by Report from Counsel

Did you know that executives and other employees may have a legal obligation to be “loyal” to their companies? This means that they have to act in the company’s interest, and not deliberately harm the company or take advantage of it for their own interest.

Social media: New issues for business

08/17/202009/29/2015 by Report from Counsel

Social media is a relatively new field, and the law is just beginning to catch up with all the issues that are being raised for businesses.

Here’s a quick checklist of concerns. It’s by no means exhaustive, which is why a thorough legal review of a company’s social media practices is always a good idea.

Do you look at employees’ (or job applicants’) personal social media accounts? These days, many employers want to keep tabs on their workers’ social media presence. Employers want to get out ahead of problems, such as employees bad-mouthing the company on Twitter or posting confidential information on Facebook.

Supreme Court gay marriage ruling affects employee benefits

09/29/2015 by Report from Counsel

The U.S. Supreme Court’s recent decision extending same-sex marriage to every state will have a big effect on many employee benefit programs.

Prior to the ruling, most states (and the federal government) recognized same-sex marriage. If all of your employees live in states that previously recognized gay marriages, then no changes are required. But if any of your employees live in previously “non-marriage” states, then the ruling will make a difference.

If some of your workers live in “non-marriage” states and you previously offered benefits to same-sex spouses, then for any employees in those states who have a same-sex spouse, you’ll need to adjust their state tax withholding to the “married” rate, and you may need to adjust their withholding to reflect the fact that spousal health benefits will no longer be subject to state tax.

Late-night e-mails might entitle workers to overtime

09/29/2015 by Report from Counsel

These days, many employees feel like they’re never really “off the clock.” They’re expected to check e-mails at home, and occasionally to respond to emergency text messages from their boss or co-workers. But the truth is, many workers in this situation might literally be “on the clock.” If they’re expected to check texts and e-mails … Read more

You may need a policy covering employees’ use of cloud storage

05/12/2015 by Report from Counsel

Employees are discovering that cloud storage services are a great way to access work-related data at home and on the road, and to collaborate with co-workers, especially those who work remotely.

Unfortunately, they’re also a great way to make your confidential data insecure – which is why you may need a thoughtful policy covering their use.

Employee goes to work for competitor, despite contract

09/23/202005/12/2015 by Report from Counsel

Michael Holton was the president of a cancer radiation services company. When he took his job, he signed an agreement saying that if he left, he wouldn’t disclose any confidential information or trade secrets to a competitor for at least a year. After the company merged with another business, Holton was terminated. A month later … Read more

Arbitration Clauses in Employment Contracts

09/23/202001/30/2015 by Report from Counsel

The Federal Arbitration Act requires courts to enforce clauses in commercial contracts that require arbitration of disputes. The U.S. Supreme Court has ruled that transportation workers engaged in interstate commerce are exempt from the Act. For other types of workers, the effect of the Supreme Court ruling was to reaffirm the enforceability of mandatory arbitration provisions in agreements entered into by workers engaged in interstate commerce.

Interstate Commerce Requirement

The Act’s requirement that workers be engaged in interstate commerce is not especially difficult to meet, given the interconnectedness of the economy. When a nurse at a hospital tried to avoid binding arbitration of her wrongful discharge claim by arguing that her employment agreement had no impact on interstate commerce, the argument failed. The court pointed out that the nurse’s employment depended on the constant use of supplies purchased from other states and that the hospital treated many out‑of‑state patients. More often than not, similar connections can be made between most jobs and the flow of interstate commerce, especially for large employers.

Level Playing Field

To say that employers and employees generally may

Employment Law Guidebook

01/20/2015 by Report from Counsel

The U.S. Department of Labor publishes a guidebook to provide businesses with general information on the laws and regulations that the Department enforces. The guidebook describes the statutes most commonly applicable to businesses and explains how to obtain assistance from the Department for complying with them. The authority of the Department of Labor extends to … Read more