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Tips for Employers When Drafting Employment Applications Posted on: May 19, 2022 In: Labor & Employment
Employers trying to minimize risk of legal exposure must consider several critical issues when screening prospective hires, including drafting and reviewing employment applications. A job application is a vital part of the screening process and provides an organized way for the employer to collect information from applicants. But applications must be drafted to comply with all relevant federal, state, and local laws and so, by extension, contain several legal traps for the unwary.
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Tags:
human resources, hiring, eeoc, equal employment, personal information, employment law
All Hail the Red Team! The Value of Penetration Testing for a Cybersecurity Culture Posted on: May 17, 2022 In: Data Privacy & Cybersecurity
While many organizations seek to monitor their cybersecurity posture with internal testing, such as table top exercises, simulated phishing attacks, and other proactive measures, the question always remains: is it enough to thwart a sophisticated threat actor? This simple question, with its many complexities and concerns, was a daily inquiry for me as a former FBI executive in charge of the data presentation and storage for operations.
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Tags:
cybersecurity, penetration test, red team, phishing, cyber threat
Check the Checklist! Four Considerations When Hiring Your First Employee Posted on: May 13, 2022 In: Labor & Employment
So, you’ve started a business all by yourself. That is no small feat. You have chosen an awesome company name, your tax documents are all in order, and your website has been generating lots of traffic. Now, your business is booming, and you’re up to your nose in work! It might be time to hire your first employee. That will also be no small step, and there are many considerations to, well, consider. Here’s a checklist to keep in mind.
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Tags:
employment law, hiring, human resources, small business, wage and hour
California Employers’ New Obligations Under the CPRA Posted on: May 11, 2022 In: Labor & Employment
In November 2020, California voters approved Proposition 24 – also known as the California Privacy Rights Act (CPRA) – a ballot initiative that amended the California Consumer Privacy Act (CCPA). While the CCPA explicitly granted data privacy rights to California residents in their capacity as consumers, the CPRA grants employees additional rights with respect to their data rights.
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Tags:
cpra, california, human resources, cppa, personal information
NCAA Takes Action to Address “Collectives” and “Booster” Involvement in NIL Activity Posted on: May 10, 2022 In: Labor & Employment
The NCAA Division I Board of Directors has issued long-awaited guidance to provide clarity and address specific recruiting activities being conducted by “collectives” and “boosters” regarding name, image, and likeness (NIL) opportunities for prospective student-athletes and current student-athletes.
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Tags:
sports law, nil, ncaa, student-athletes
Can Your Coffee Maker Be Hacked? Cybersecurity Issues and the Growing Internet of Things Posted on: May 09, 2022 In: Data Privacy & Cybersecurity
Internet of Things (IoT) devices have flooded the lives of consumers over the past few years, with the global IoT market valued at $384.7 billion in 2021, according to a March 2022 report from Fortune Business Insights. "Smart" technology has become a standard feature on most consumer products, and with a growing number of devices being connected to the internet, it is increasingly important that the public be sufficiently educated on the risks that accompany IoT devices.
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Tags:
internet of things, smart technology, data privacy, cybersecurity, cyber attack, cyber threat
Effective Non-Competition Agreements for Expanding Businesses Posted on: April 20, 2022 In: Labor & Employment
Expansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company.
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Tags:
non-competition, employment agreements, mergers, trade secrets, employment law
Tips for Employers for Compliant Handbook Policies and Practices Posted on: April 19, 2022 In: Labor & Employment
Every employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures.
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Tags:
employee handbook, human resources, employment law, labor law
No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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Tags:
new york, labor law, retaliation, wage and hour, kickbacks
Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims Posted on: April 15, 2022 In: Labor & Employment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration.
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California Employers: New Law Expands Record Retention Requirements Posted on: April 13, 2022 In: Labor & Employment
The California Department of Fair Employment and Housing (DFEH) enforces civil rights laws with respect to housing and employment. In 2022, Senate Bill 807 (SB 807) changed the requirements for employers to maintain and preserve personnel records. Effective January 1, 2022, employers must now preserve these records for a minimum of four years, and possibly longer if a DFEH complaint has been filed.
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Tags:
california, employment law, records retention, human resources, dfeh
Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation Posted on: April 12, 2022 In: Labor & Employment
The Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer’s legal violation. However, a Florida federal court recently granted summary judgment in favor of an employer in such an action because the employee failed to prove an actual legal violation.
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Tags:
florida, whistleblower, retaliation, employment law, human resources