SEC Enforcement Action Challenges Employers on Restrictive Confidentiality Agreements
4/9/15
By: Behnam Salehi
On April 1, 2015, the Securities and Exchange Commission initiated its first enforcement action, pursuant to Rule 21F-17, against an employer (KBR) for stifling protected whistleblowing through overly restrictive employee confidentiality agreements. Rule 21F-17, a whistleblower provision …
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
4/9/15
By: David A. Cole
Recently, Virginia enacted a new law that limits employer access to personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015, prohibits employers in Virginia from requiring a …
Atlanta Public Schools Cheating Scandal – Civil Liability Next?
4/2/15
By: Wayne S. Melnick
On Wednesday, April 1, 2015, a Fulton County Superior Court jury handed down guilty verdicts to 11 of the 12 defendants charged in the notorious Atlanta Public Schools (“APS”) cheating scandal in which educators and administrators …
Roller Skating Accidents: How Roller Rink Operators Can Defend Against Fall Down Claims
3/31/15
Roller skating is a family-friendly-activity that combines fun and exercise. Skaters can burn calories and improve their cardiovascular health while looping, turning, spinning and backward skating across the rink floor. However, accidents at roller skating rinks …
3/30/15
By: Kevin Stone and Brian Dempsey
Earlier this week, the Supreme Court heard oral argument in Sheehan v. City and County of San Francisco and grappled with an important issue facing every law enforcement officer across the nation: Whether Title …
Legalization of Medical Marijuana Presents Unique Challenges to Employers
3/30/15
By: Joshua M. Lott
There is no comprehensive federal law that regulates drug testing of employees in the private sector, except particular employees in specific industries such as transportation. As a result, many states have enacted legislation regulating when, why, …
FMLA Rights for Same-Sex and Common-Law Spouses Expanded
3/23/15
By: Amy Combs Bender
This week, on March 27, 2015, a Final Rule issued by the Department of Labor will take effect expanding the Family and Medical Leave Act’s protections provided to same-sex and common-law marriages. As background, the FMLA …
Dot Your I's and Cross your T's in Person: Complying With The I-9 "Examination" Requirement
3/23/15
Federal law requires every employer to complete Form I-9 for each new employee. As part of this process, the employer must request original documents from a list of acceptable documents that establish an employee’s identity and …
3/13/15
By: Jessica Samford
This week, a Pennsylvania man was charged with insurance fraud for buying car insurance after he had a car accident. This news sounds somewhat similar to the amusing “State of Regret” commercials State Farm ran a few …
How Much Control Is Too Much Control? When On-Call Time Becomes “Hours Worked”
3/12/15
Recently, the California Supreme Court provided guidance on an important question in employment law: How much employer control turns on-call time into “hours worked?” In enacting its on-call policy, an employer must determine whether it is …
3/12/15
By: Amanda K. Hall
In order to fund the benefits provided by the Social Security Act and Medicare, the Federal Insurance Contributions Act (“FICA”), 26 U.S.C. § 3101 et seq., taxes “wages” paid by an employer or received by …
OSC for Immigration Tells Employers Appropriate Response to Authorization Fraud
3/4/15
As you may know, all employers are required to complete Form I-9 for every new employee at the time of hire. Doing so allows employers to verify that new hires are authorized to work in the …
