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Preventing Employee Data Leaks Requires Proper Safeguards

Reducing the risk of data breaches requires assessing your company’s vulnerabilities, then addressing them with policies, procedures, training and agreements. The media tend to focus on external hackers, but “the real culprits for most our clients are internal,” according to employment law attorney Robert Fitzpatrick. Employee data breaches can be classified into the deliberate and […]

Supreme Court in McCutchen: Clear Plan Terms Prevail Over Broad Equitable Remedies

Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such as make-whole, common fund, unjust enrichment and double-recovery doctrines should not be allowed to override […]

News Notes: Home Depot And EEOC Settle Class Action Bias Lawsuit

The U.S. Equal Employment Opportunity Commission has announced the simultaneous filing and settlement of a class action suit against Home Depot, USA Inc., alleging sex, race, and national origin bias at the company’s Colorado stores. Under the settlement, which a judge must still approve, Home Depot will pay $5.5 million to current and former employees […]

Telecommuting: What Should We Include in a Telecommuting Policy?

Our company has decided that it would be beneficial to offer employees the opportunity to work from home. Before we enter into work-at-home arrangements with employees, we want to have a written telecommuting policy in place. What should we cover? —Andrew W., Human Resources Specialist, Santa Cruz   Telecommuting can be a cost-effective alternative to […]

Quebec Employer Not Entitled to Review Employee’s Email to Union

By Antoine Aylwin A month ago, we reported on the Ontario Court of Appeal’s surprising decision in R. v. Cole.  In that decision the Court of Appeal said that a high school teacher was protected against searches on his work computer by the police absent a search warrant. The Court of Appeal based its decision […]

What You Get from Givin’ Back

I’m in New Orleans for a two-day meeting of the Employers Counsel Network, a group of leading labor and employment attorneys from across the country who write the state Employment Law Letters and Federal Employment Law Insider. One of our members suggested that while in New Orleans we should volunteer with Habitat for Humanity. You […]

Hiring And The ADA: Going The Extra Mile To Find An Opening For Disabled Applicants—How Far Should You Go

Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]

Workingjay

Inspired by The Hunger Games trilogy, some employers may feel the urge to pile the employees onto a bus, head off site, and pit coworker against coworker in some form of physical competition under the guise of “team building.” Savvy employers are always looking for new and better ways to motivate the troops, solidify relationships, and build […]

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Workplace safety in an age of viral panic

by Jo Ellen Whitney In a world with a 24-hour news cycle, multiple TV channels specifically designated to the news, Twitter, Facebook, blogs, and a constant news machine that needs to be fed, the adage “If it bleeds, it leads” has more power than ever before. In late 2014, we saw a good example of […]