Workplace Violence
November 01, 2016
<b><i>Minimizing Risk and Protecting Employees</b></i><p>According to the Occupational Safety and Health Administration (OSHA), approximately 2 million employees are victims of workplace violence each year. Violence in the workplace must be a top concern for employers, as no organization is immune from workplace violence and no organization can completely prevent it.
Restrictive Covenants and Whistleblowing
November 01, 2016
<b><i>Warning from the SEC</b></i><p>In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.
Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit
October 31, 2016
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
The New FCPA Cooperation Plan
October 18, 2016
The DOL recently issued its final overtime rule revamping the white collar exemptions under the Fair Labor Standards Act for executive, administrative, professional, and highly compensated employees. This Final Rule, effective Dec. 1, 2016, rolls out major changes for employers.
Why Cybersecurity Is an Important Employment Law Issue
October 17, 2016
The case described herein involved misuse of confidential information by present and former employees. Although this case involved mortgage companies, the lessons learned are valuable to any business.
Supreme Court Review: FLSA, Title VII, First Amendment, Religious Freedom
September 01, 2016
This review of U.S. Supreme Court decisions from the 2015-16 term in the area of labor and employment law looks at rulings pertaining to whether automobile service advisers are exempt from overtime pay under the FLSA; whether a ruling on the merits is a necessary predicate to finding a defendant is a prevailing party eligible for an attorney fees award under Title VII; and much
The SEC Whistleblower Program
September 01, 2016
Last month, in Part One of this article,we examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, we take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims, and we examine the claim decisions rendered through April 2016.
Employee Benefit Plan Information
September 01, 2016
Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for when a data breach occurs, not if . Data collected by employee benefit plans includes sensitive information that make them a particularly attractive target for cybercrime.