Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

DOJ Announces New Program to Garner Employee Cooperation in Anti-Corruption Investigations

Over the past few months, we have discussed recent Foreign Corrupt Practices Act (FCPA) enforcement actions by the United States Department of Justice (DOJ), emphasizing lessons for employers in the current environment. The DOJ continues to signal increasingly aggressive enforcement, now through a whistleblower program that will complement last year’s focus on corporate voluntary disclosure […]

Complex laws around healthcare employees get more complicated

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023, sweeping memoranda from the National Labor Relations Board (NLRB), and final rules from the NLRB on joint employment. All of this is […]

Case Study: Guidance for Employers on Music in the Workplace

In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work environment and sexual harassment claims under Title VII of the Civil Rights Act of 1964. This is particularly true given a recent decision from […]

Alleged Whistleblower Must Only Prove Protected Activity Was ‘Contributing Factor’

On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast […]

The End of Non-Competes? What HR Professionals Need to Know About the FTC’s Latest Ruling

Non-compete agreements, often used to protect business interests by restricting the ability of employees to enter into competition with their former employers, have been a staple in employment contracts for years. As detailed in our previous discussion on non-compete agreements published on March 4, 2024, these agreements are designed to safeguard trade secrets and investments […]

Ask the Expert: Should I Disclose Tracking of Company Vehicles?

Question: Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? Answer: As a general rule, employers aren’t required to provide notice or obtain consent to install tracking devices on company-owned vehicles. There […]

Answers to Questions About Upcoming EEO-1 Reporting

It’s that time of year again! No, we’re not referring to spring. On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open its portal for filing 2023 EEO-1 data. The deadline for submissions is Tuesday, June 4, 2024. Are you ready to report? Here are some frequently asked questions (FAQs) about EEO-1 […]

Protecting Your Employees: Making the Most of California’s Workplace Violence Restraining Order Statute

While workplaces all have unique objectives and challenges, the desire to protect your employees from unlawful harassment is universal. Employees, in their day-to-day work activities, often interact with both members of their organization and members of the public. As employers, you hope that all of your employees’ interpersonal interactions are positive. However, this isn’t always […]

Preventing Potential Pregnancy and Parental Leave Pitfalls in the Workplace

Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and, potentially, the Americans with Disabilities Act (ADA). Employers should also be aware of and follow the Pregnant Workers […]

Case Study: Trade Secret Theft Garners No Damage Award

Even if you are in the right when you file a lawsuit against a former employee who admittedly took your trade secrets, sometimes the reward is simply not worth the expense. Here, an employer had a former manager dead to rights in misappropriating trade secrets but still couldn’t get a jury to award a dime. […]