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Practice/Industry Group Overview
The Fisher & Phillips LLP International Employment Practice Group consists of a team of attorneys experienced in providing legal advice to international employers on human resources and immigration matters (inbound and outbound) on a global basis, as well as on matters pertaining to employees working in the United States who are governed by international laws. We contribute to our clients' business success by helping them navigate through complex global human resources issues. Our clients range from small employers just starting to explore international operations to large Fortune 500 companies with operations worldwide. We partner with our clients on strategic planning, compliance, global movement of employees, and benefits. International Employment Our practitioners have experience in all aspects of employment law, benefits, and compensation issues, including: - Human resources, benefits, compensation policies, handbooks and procedures
- Codes of business conduct and ethics
- Successful hiring and recruiting practices
- Expatriate/inpatriate matters
- Employment, consultant, and severance agreements
- Non-competition and confidentiality agreements
- Implementation of equal employment opportunity and diversity programs
- Employee performance management, discipline and discharge cases
- Reductions in force, redundancies and site closures
- Harassment and discrimination prevention and correction
- Substance abuse testing
- Investigations regarding fraud, business ethical infractions, Foreign Corrupt Practices Act, safety, and alleged violations of law or policy
- Complaint helpline protocol, procedures and training
- Prevention of workplace violence and threats
- Training for supervisors and employees on employment law, harassment prevention, diversity and other topics
- Litigation and administrative actions
- Mergers, acquisitions and other business transactions (including E.U. Transfer of Undertakings)
- Current and evolving strategic employment law issues
Immigration Services and Immigration Compliance Our Global Immigration Practice Group consists of experienced attorneys and paralegals dedicated to assisting companies and individuals with a wide spectrum of employment-related global immigration issues, including obtaining work visas for foreign workers coming to the U.S. for temporary employment and for both U.S. and non-U.S. workers transferring abroad or from one foreign company location to another for any length of assignment. We also offer a full complement of immigration compliance services. International Labor Our attorneys have experience in helping our clients address international labor issues such as: implementing policies and projects in consultation with unions and works councils on matters such as reductions in force, site closures, compensation and severance policies and investigation protocols; meeting with employee representatives on proactive, project and case-specific matters; negotiating successful collective bargaining and other agreements; and preparing employee communications. Cross-Border Compensation and Benefits Our international practice provides full support in the area of compensation and benefits, including the design and taxation of benefits and compensation payable to expatriates and globally-mobile employees. Our group regularly addresses questions involving benefits, compensation and tax issues for outbound U.S. citizens who will be working abroad and matters relating to third-country nationals working in foreign offices. Our work frequently involves reviewing the tax treaties, foreign pension, tax and employment laws and U.S. laws relating to U.S. citizens working abroad. We also have addressed issues related to inbound employees from foreign countries working in the United States. We help our clients prepare competitive compensation and benefits programs on topics as wide-ranging as bonus programs, severance policies, compensation analyses, and incentive practices compliant with local law and policy. Data Privacy and E.U. Data Protection Our attorneys have significant experience providing advice and assistance to both multi-national and local employers regarding the complex issue of data privacy, including: - Preparing advice and managing projects to allow employers to conduct their employee personnel and medical data programs in compliance with worldwide country-specific and European Union Data Protection laws
- Implementing procedures to allow employers to conduct cross-border performance management and compensation systems in compliance with international laws
- Preparing agreements and other documents that provide greater latitude to employers regarding data privacy matters
- Creating investigation and complaint hotline protocol in compliance with international laws
International Non-Compete and Trade Secrets We have a global practice concentrating on issues of employee defection and recruitment, including litigating injunction and damages actions relating to covenants not to compete, non-solicitation and non-disclosure agreements, unfair competition, employee raiding, trade secrets, duty of loyalty, fraud, economic espionage and unfair competition statutes. Our attorneys draft restrictive covenants internationally, and help clients worldwide develop and implement programs to protect competitive assets against employee defection, and to minimize risks when hiring from competitors. Practice group attorneys have experience as part of litigation teams, in conjunction with local country counsel, for international non-compete and trade secret disputes. Fraud and Foreign Corrupt Practices Act Compliance. Our attorneys have experience managing allegations of fraud and FCPA violations globally, developing policies to prevent and address these issues, and create and conduct lively and interactive presentations for executives, managers, and employees on these topics to help ensure business success in this highly-competitive and regulated area. International Professional Relationships Our practice group has established strong relationships with local counsel in local jurisdictions on six continents. The relationships are strong and tested by our practice group members. We stake our reputation on them. We are ready to involve local counsel as needed through our group or provide a direct referral depending on our clients' preferences. Often, we will also coordinate with various international consulting firms instead of our clients engaging with them directly in order to maintain the benefits of the attorney-client relationship. Our Geographic Reach – We Are Truly Global. The attorneys in the Fisher & Phillips LLP International Employment Practice Group have handled matters for our clients in all areas of the world, including Canada, Mexico, Central America, South America, Caribbean Basin, Bermuda, Bahamas, Europe (including EU and Eastern Europe), Russia, Middle East, Africa, China, Southeast Asia, Indonesia, Japan, Brazil, India, South Asia, Australia, New Zealand, Micronesia and the Pacific Islands.
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Articles Authored by Lawyers at this office:
Regulation Proposed to Limit FLSA's "Companionship" ExemptionEdward M. Boehm, December 21, 2011
As we suspected, efforts to eviscerate the federal Fair Labor Standards Act's Section 13(a)(15) "companionship" exemption have now formally moved to the regulatory arena. The U.S. Labor Department has proposed a regulation that would limit the exemption to a far-narrower segment of those...
Doing Business in Albania: What Every Employer Needs to KnowDanielle S. Urban, December 16, 2011
As employers increasingly look to expand their global reach, the countries of Central and Eastern Europe continue to provide attractive opportunities for entrepreneurs. Effectively closed to foreign investment and travel for decades, the Republic of Albania has undergone many changes in recent...
NLRB Moving Forward With New Election Rules, December 09, 2011
A union organizer's dream would consist of a "quickie" election in a gerrymandered unit comprised mostly of card signers. Having established such a beachhead, the union could then engage in an ongoing game of dominos, with one company department after another falling in line. In a recent...
Illinois Joins the Mainstream With Respect to Non-CompetesMichael R. Greco, December 08, 2011
The Illinois Supreme Court recently brought Illinois into the mainstream of non-compete agreements. Like a majority of states across the country, Illinois courts must now determine whether an employer has a legitimate business interest that warrants the imposition of a restrictive covenant,...
Bill Would Broaden FLSA Computer ExemptionJohn E. Thompson, December 06, 2011
A bill introduced in the U.S. Senate (S. 1747) would significantly expand the scope of the current exemption for certain computer employees that is found at Section 13(a)(17) of the federal Fair Labor Standards Act. The proposed "Computer Professional Update" Act (or "CPU" Act)...
"I'll Get You For This" - Avoiding Charges Of Workers' Comp RetaliationEdward F. Harold, December 02, 2011
In October, the U.S. Court of Appeals for the 10th Circuit upheld a jury's decision that a package delivery company had retaliated against one of its workers for filing a workers' compensation claim. Fortunately for the company, the Court reduced the jury's $2 million verdict to about $630,000. In...
Conducting International Employment-Related InvestigationsCelia M. Joseph, December 01, 2011
If you are a Human Resources or other manager at a multi-national company, it is likely that at times you receive complaints from employees and others requiring investigations to ensure your workplace environment is free from illegal harassment, discrimination, theft, defamation, violence and other...
Lawsuit Serves Up Lessons For RestaurateursRisa B. Boerner,Brent A. Cossrow, December 01, 2011
A decision issued this summer by a federal district court in New York provides important lessons for professionals in the food services and restaurant industry regarding employee defection and trade secrets issues.
Pros and Cons of Severance AgreementsRichard R. Meneghello, December 01, 2011
Employers who pay out severance to their employees run certain risks that need to be considered beforehand. Some employers have learned the hard way that severance agreements aren't always the best course of action. Last year, the University of Oregon received bad press when it was discovered that...
The Future of Tip Credit - And The Businesses That Depend Upon ItKaren L. Luchka,J. Hagood Tighe, December 01, 2011
The U.S. Supreme Court is being asked to decide what amounts to the future of tip credit for many businesses - particularly in the hospitality industry. In short, the issue is whether an employer can continue to pay tip credit employees on a tip credit basis if they spend more than 20% of their...
Tips For Protecting Your Workers From The ColdEdwin G. Foulke, December 01, 2011
Recent temperatures in the northeast were near record lows, meaning employees working in cold temperatures could face serious health risks. Cold weather is particularly dangerous to employees spending long hours outside, such as construction workers. Prolonged exposure to freezing or cold...
Top Ten Ways To Hold A Company Party - Without Getting SuedMichael S. Mitchell, December 01, 2011
With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served. They generally want to know about the risk involved if an employee drinks too much at the party and misbehaves, or worse, injures or kills someone on the way home....
Year-End Look Back - The LowlightsMichael S. Mitchell, December 01, 2011
Every year at this time it's traditional to look back and review the year's highlights. Our list is a bit of a twist, however. If there is anything that sets labor and employment law apart from other areas practiced by our legal brethren, it seems to be the high percentage of odd fact situations...
Holiday "Volunteer" Services Might Be FLSA EmploymentJohn E. Thompson, November 24, 2011
The holiday spirit moves many to volunteer for activities of a benevolent nature. An organization to which such individuals donate services should consider the possibility that they might be "employees" under the federal Fair Labor Standards Act. Getting this wrong could result in...
Job Descriptions Are Not "Exemption Descriptions"John E. Thompson, November 24, 2011
Among the famous last words in the federal Fair Labor Standards Act Hall of Infamy are, "Let's write the job descriptions to make them exempt." The problem is this: Job descriptions do not "make" employees exempt.
New Mandatory Poster, November 24, 2011
The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued a new six-page notice that employers must post in their locations and provide to all employees. All New Jersey employers must immediately begin providing a copy of the notice to any new hires, and provide it to all...
China Non-Compete and Trade Secrets Law: A Primer for U.S. In-House CounselChristopher P. Stief, November 11, 2011
This is the second in our series on international non-compete and trade secrets law for U.S. corporate counsel. Today, we examine the law in the world’s second largest economy, The Peoples Republic of China (PRC). The heated competition for qualified talent in the PRC makes non-compete...
Mexico Non-Compete and Trade Secrets Law: A Primer for U.S. In-House CounselChristopher P. Stief, November 08, 2011
On paper, the restrictive covenant law in Mexico looks a bit like California, but on closer examination it may be easier for a company to achieve certain goals in Mexico. For U.S. practitioners, Mexico offers an interesting example of just how different employment laws in general - and restrictive...
A Down Economy - An Increase In Hiring DangersGrace Horoupian,Matthew Sgnilek, November 03, 2011
With the unemployment rate in the United States continuing to flirt with record highs, employers are faced with a swell of job applicants and a larger pool of qualified candidates for open positions. The glut of applicants in comparison with the dearth of jobs has left many hardworking and...
A Look Ahead: Four Trends Healthcare Employers Should Continue to WatchA. Kevin Troutman, November 03, 2011
With the year drawing to a close, this is a good time to examine four significant trends in employment law and consider how to safeguard your healthcare organization from threats associated with them. While this list is not exhaustive, it represents an excellent starting point for ensuring a solid...
Are Pharmaceutical Sales Reps Exempt As "Outside Salesmen"? Diagnosis UnclearGrace Horoupian,Matthew Sgnilek, November 03, 2011
Just last August, the U.S. Court of Appeals for the 2nd Circuit issued a ruling that sent shock waves through segments of the healthcare industry. Then, as affected employers began responding to that decision, the 9th Circuit reached an apparently contradictory decision that may have raised more...
Employee Or Independent Contractor: One Way Of Thinking It ThroughJohn D. McLachlan, November 03, 2011
Deciding whether an individual is an employee or independent contractor is becoming an ever more important question. Employers should carefully scrutinize each and every independent contractor relationship which exists within the business before the Labor Department, the IRS, or a state agency does...
The Calm Before The Storm?Richard R. Meneghello, November 03, 2011
After the turbulent roller-coaster ride to which the Supreme Court treated employers the last few sessions, businesses across the country are casting a wary eye on Washington D.C. as the Justices gear up for their latest session, which kicked off last month.
Increase In Minimum Wage Is On The Way, October 25, 2011
The Florida Department of Economic Opportunity announced that the Florida minimum wage will increase to $7.67 per hour effective January 1, 2012. This is an increase from Florida's current minimum wage of $7.31 per hour, which became effective June 1, 2011, in response to a Florida Circuit Court...
Misclassification of Independent Contractors: A Non-Compete Issue?Michael R. Greco, October 21, 2011
Much has been written about misclassification of employees as independent contractors. Discussion often focuses on the economic consequences of misclassification, such as the IRS concluding that it has been deprived of revenue. For instance, the Small Business Administration says that proper...
Credit Checks In California Now Tougher Than Ever, October 14, 2011
Effective January 1, 2012, California employers will have to avoid yet another potential legal hazard that haunts businesses with the threat of costly penalties: the unauthorized use of consumer credit reports regarding job applicants and current employees.
NLRB Delays Deadline for Posting New Notice, October 14, 2011
The National Labor Relations Board announced on October 5, 2011, that it will delay the requirement that most private employers in the U.S. post a controversial new notice until January 31, 2012. The Board had issued a Final Rule in August, requiring all employers covered by the National Labor...
Appeals Court To Employee: "You're Kidding Us, Right?"Michael J. Rossiter, October 05, 2011
California's Sixth Appellate District recently issued a decision upholding an employer's right to modify the compensation terms of an at-will employment agreement where the employee never made a written protest to the modification and the employee continued to accept the modified compensation...
Employers Can Discriminate!Grace Horoupian,Matthew Sgnilek, October 05, 2011
For some employees who can't figure out why they are not getting that promotion, the answer could be as simple as looking in the mirror. Grooming and personal appearance are playing an ever-increasing role in workplace raise and promotion decisions.
Get A Passing Grade When Employing H-1B TeachersShanon R. Stevenson,Kim Kiel Thompson, October 05, 2011
Employers of foreign teachers learned some hard lessons this year about following the rules for H-1B visa holders. In March, the U.S. Department of Labor Wage and Hour Division (WHD) assessed over $1.7 million in civil money penalties and ordered the payment of over $4.2 million in back wages...
How Do You Recapture Debt From An Employee's Final Paycheck? Very CarefullyJohn K. Skousen, October 05, 2011
Employers continue to be challenged with claims from terminated employees who received payroll deductions for debts they owed the employer. In a recent case employees brought a collective action in a California federal court seeking remedies for violations of California law and the federal Fair...
Hurricane Irene Leaves Wage/Hour Questions In Her WakeJohn E. Thompson, October 05, 2011
Affected employers will no doubt have a variety of wage-hour questions in the aftermath of any major disaster, such as Hurricane Irene. The number and scope of the issues raised might well be practically endless. In this article, we'll address in very general ways the federal Fair Labor Standards...
Is The "Post" Man Coming To Your School?William E. Blackie, October 05, 2011
Imagine that on November 14, 2011, as the Director of the St. James Interdenominational Faith Academy, one of the school's teachers comes into your office and informs you that unless the school immediately posts the National Labor Relations Board notice advising employees of their rights, including...
Managing Workers' Compensation CostsJames R. Holland, October 05, 2011
When the workers' compensation system was first instituted, it was devised as a cost-saving mechanism. Job safety was deteriorating, leading to an increase in accidents and injuries. Employers increasingly found themselves in court defending civil suits for work-related injuries. The workers'...
New Nevada Law Limits Cell Phone Use While Driving, October 05, 2011
Nevada has now joined the ranks of several other states that limit cell phone usage while driving. The new law, effective October 1, 2011, but not to be enforced until January 1, 2012, generally makes it unlawful to talk or text on a cell phone while driving without the use of a hands-free device....
That Little Smart Phone Might Cause a Big Wage and Hour HeadacheDavid B. Monks, October 05, 2011
A smart phone is now as much a piece of your office life as a desk, laptop or employee handbook. Anyone can use their BlackBerry or iPhone to stay current on news and events, update social media status and check their email from any location with a signal.
Georgia Supreme Court Rules Non-Lawyers May Not Answer Garnishments, September 22, 2011
Over the years, Georgia employers have become accustomed to processing and responding to garnishments on their own. While legal counsel might be called upon to handle the more unique issues that inevitably arise in a garnishment proceeding, employers more commonly resort to their human resources or...
Hurricane Wilma Finally Blows Away, September 21, 2011
No, the National Weather Service has not reached the "w's" on its list of hurricane names for the year (and hopefully will not). But Chairman Wilma Liebman left the National Labor Relations Board on August 27, and employers will be dealing with the aftermath of "Hurricane Wilma"...
NLRB Required Poster On Employee Rights Is Now Available to Employers, September 21, 2011
On September 14, 2011, the National Labor Relations Board made the newly-required poster describing employee rights under the National Labor Relations Act available for free download. Employers should post the 11-by-17-inch notice where employees see other notifications of workplace rights and...
New Law Prohibits Discrimination Regarding "Genetic Information", September 21, 2011
On September 7, 2011, California Gov. Jerry Brown signed into law an act prohibiting discrimination based upon "genetic information." The new law becomes effective on January 1, 2012 and, in the context of employment discrimination, covers California employers who regularly employ five or...
How Much Is Too Much?John D. McLachlan, September 09, 2011
The U.S. Court of Appeals for the 8th Circuit recently issued a decision that has significant ramifications for employers making use of the tip-credit provisions of the Fair Labor Standards Act (FLSA). The decision mandates that employers who use the FLSA tip credit provisions to pay tipped...
Looking For That "Special Look"?Michael S. Mitchell, September 09, 2011
Lots of hospitality employers, and a fair number of retail employers as well, spend time, money, and thought creating a brand or "look." They're trying to create something beyond just a logo or store colors; something that stands out just by looking at the very employees who work there....
National Labor Relations Board Now Requires Posting Of Employee Rights, September 09, 2011
On August 25, 2011, over the dissent of Member Brian Hayes, the National Labor Relations Board issued a final rule addressing "Notification of Employee Rights under the National Labor Relations Act." Effective 75 days following the August 26, 2011 scheduled publication in the Federal...
Not As Bad As We Feared: NLRB Issues Guidance On Social MediaJohn D. McLachlan, September 09, 2011
Earlier this year there was deep concern in the employer community because the National Labor Relations Board (NLRB) issued a complaint against an employer who disciplined an employee for highly derogatory comments she made about a supervisor on her Facebook page. Questions about whether an...
The Injured Worker: Practical Approaches For Avoiding LawsuitsEdward F. Harold, September 09, 2011
Retail jobs almost all require certain physical capabilities. These can include physical work such as moving heavy inventory, pushing a mop, bending to assist a customer in getting a product off the bottom shelf, or handling merchandise at the cash register. Employees with physical limitations that...
Two And A Half Lawsuits: Lessons Learned From The Charlie Sheen LitigationTamara I. Devitt, September 09, 2011
The recent termination of Charlie Sheen from "Two and a Half Men," and the swirl of negative publicity around the incident, has shed light on the use of arbitration agreements. After he was fired, Sheen filed a $100 million lawsuit against Warner Bros. He wants the proceedings held in...
Give Employees A Break (Actually, Two of Them)James J. McDonald, August 12, 2011
California Law requires that employees who work more than five hours in a day be provided an unpaid, off-duty meal period of at least 30 minutes, and a second meal period of they work more than ten hours. An employer that fails to provide these meal breaks must pay a premium of one hour of pay to...
Connecticut and Maryland Act to Restrict Employers' Use of Credit Reports, August 08, 2011
Two more states - Connecticut and Maryland - have joined Illinois, Oregon, Washington, and Hawaii, and several cities, in severely limiting employers' ability to use a job applicant's or current employee's credit history or credit-related information. This affects decisions in hiring or promotions,...
Overtime BluesTillman Y. Coffey, August 08, 2011
Your handbook says, "No unauthorized overtime permitted." Your managers tell employees that they must get their job duties completed during regular work hours because there is a company-wide prohibition against working overtime. Your managers also tell employees to accurately record their...
Problem Employees? Here's A SolutionJohn D. McLachlan, August 08, 2011
Issuing employee discipline is one of the hardest aspects of being a supervisor and, since it's so difficult, it's often not done well - when it is done at all. Discipline delayed or mishandled is one of the primary causes of federal and state-agency discrimination charges as well as claims of...
She Said WHAT About Me?John E. Donovan, August 08, 2011
One of your sales managers steps into your office and closes the door. "Boss, you're not going to believe what Mary, that new sales person, has said about you on her Facebook page."
Unions Continue Success In Organizing Healthcare EmployeesJames D. Kurek, August 08, 2011
In recent years, unions have continued to realize greater success in organizing healthcare employees than employees in other industries. Union win rates in the healthcare sector have been at or above 70%, generally about 10% above their win rates in other sectors. Additionally, more elections are...
Louisiana Immigration Law Creates New Protections, Penalties For Employers, July 11, 2011
Gov. Bobby Jindal recently signed into law a new bill requiring Louisiana employers to take additional steps to ensure that employees are legally authorized to work in the United States. The new law allows employers to verify citizenship or work authorization through the E-Verify system maintained...
California Supreme Court Expands Reach Of State Overtime Laws, July 07, 2011
On June 30, 2011, the California Supreme Court ruled that work performed in California by nonresident employees for California-based employers is covered by the California Labor Code and its unfair competition laws. That means that employees residing in states outside California but working (even...
Court Rules On Premium Payments For Denied Meal And Rest PeriodsColin Patrick Calvert, July 06, 2011
California law regulates meal and rest periods, requiring employers to provide their employees an unpaid 30-minute meal period after working for five hours, and a second meal period after 10 hours, with a 10-minute rest period for each four hours of work or major fraction thereof. Employees...
Court Clarifies Meaning Of "Commissions"John K. Skousen, July 05, 2011
California Industrial Welfare Commission (IWC) Wage Orders exempt from California's overtime-compensation requirement "any employee whose earnings exceed one and one-half (1 ˝ ) times the minimum wage if more than half of that employee's compensation represents commissions." State courts...
Federal Judge Blocks Certain Provisions of Georgia Immigration Law, July 05, 2011
Today, U.S. District Court Judge Thomas Thrash granted a temporary injunction on key parts of the Georgia Immigration law due to go into effect on July 1, 2011. The Judge ruled that the criminal provisions of the law, specifically those empowering police to investigate the immigration status of...
Hitting The Reset Button At WorkTillman Y. Coffey, July 05, 2011
If you have ever attended an employment law seminar or a management training class, you have no doubt heard the speaker extol the virtues of consistency when dealing with employees. Consistency provides your employees with clear direction and minimizes uncertainty. Once your employees know what you...
North Carolina Governor Signs E-Verify Law, July 05, 2011
On June 23, 2011, Governor Beverly Perdue signed a bill into law requiring all cities, all counties, and private employers of a certain size in North Carolina to use the federal government's E-Verify program to verify the work authorization of newly-hired employees. The law is titled, "An Act...
OSHA Ramps Up Inspections Of Forklift Hazards, July 05, 2011
On June 16, 2011 the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced a new regional inspection program focused on reducing fatalities and serious injuries related to powered industrial trucks and forklifts. This program will examine employers' compliance...
South Carolina Toughens State Immigration Law, July 05, 2011
On June 27, 2011, Gov. Nikki Haley signed into law amendments to South Carolina's immigration laws, including the South Carolina Illegal Immigration Reform Act. The legislation strengthens what was already considered to be one of the toughest immigration reform acts in the country. The new law,...
The Labor Board Is Giving Employees More Rights To ComplainD. Albert Brannen,Brian M. Herman, July 05, 2011
Section 7 of the National Labor Relations Act (NLRA) grants employees the right to "engage in...concerted activities for the purpose of collective bargaining or other mutual aid or protection." (emphasis added). This broad statutory language leaves room for subjective interpretation, and,...
Unions In Decline? Labor Board To The Rescue!, July 05, 2011
The failure of the Employee Free Choice Act to become law does not mean that unions are giving up, or that their elected and appointed officials are throwing in the towel on their efforts to increase unions' ever-shrinking share of the American work force. Last week the National Labor Relations...
Alabama Enacts Comprehensive Immigration Law, June 20, 2011
On June 9, 2011, Gov. Robert Bentley signed into law the Beason-Hammon Alabama Taxpayer and Citizen Protection Act described as the toughest immigration law in the country. The new law 1) requires Alabama businesses to participate in E-Verify no later than April 1, 2012 to confirm the work...
Washington Employers Claim Victory In Medical Marijuana Battle, June 20, 2011
On June 9, 2011, the Washington Supreme Court handed employers a comprehensive victory in the long-running medical marijuana battle, deciding that employers need not accommodate an employee's use of medical marijuana, and that employees terminated for medical marijuana use - even offsite use - have...
Business Owner and Job Foreman Each Go To Jail For Worker's Death, June 02, 2011
The owner and the foreman of a roofing company have each been sentenced to one year jail terms because they did not put fall protection measures in place that would have prevented a 39 year old employee from falling to his death from a four-story apartment building in San Francisco.
DOL's New Tip-Credit InterpretationsJohn E. Thompson, June 02, 2011
The federal Fair Labor Standards Act's "tip credit" was among the many topics addressed by the U.S. Labor Department's recent final rule. DOL's tip-related pronouncements are a mixed-bag for employers.
Do Your Job Descriptions Still Fit?Tillman Y. Coffey, June 02, 2011
Almost everyone has clothes in their closet that no longer fit. Admit it; things change, whether it's the fashion or you. In fact, some of those clothes probably never really fit, despite your alterations and efforts. Maybe you thought you would "grow" into them. Or maybe you thought you...
Gender Identity and Expression Anti-Discrimination Law, June 02, 2011
On May 24, 2011, Nevada Governor Brian Sandoval signed into law Assembly Bill 211, which amends Nevada law and provides for protection from discrimination in employment based upon the gender identity or expression of a person. The bill defines "gender identity or expression" as "a...
Managing Baby BoomersRobert K. McCalla, June 02, 2011
There have been many comments and analyses lately about how employers should handle the emerging youngest generation, usually referred to as Gen Y. But as the 77 million baby boomers begin reaching 65 years of age this year, they will present some unique challenges to employers.
Men Are From Mars, Women Are From Venus, And Equal Pay Act Claims Are EverywhereEdward F. Harold,Michael S. Mitchell, June 02, 2011
Because of recent high-profile cases claiming gender-based pay discrimination, the Equal Pay Act has taken on a new life. Newspapers continue to tout the controversial statistic that women earn only 77 cents for each dollar men earn. That statistic does not distinguish among jobs and is actually a...
Political Drama In New HampshireSteven M. Bernstein,Reyburn Williams Lominack, June 02, 2011
Like its New England neighbors, New Hampshire has long been perceived as a friendly state for labor unions. Much like Wisconsin, many would view it as an unlikely candidate for legal reforms that attempt to shift the balance away from organized labor. Yet New Hampshire stands poised to become the...
Seven Signs Your Employees May Be PoachableMichael R. Greco,Christopher P. Stief, June 02, 2011
A recent survey by Manpower suggests that employers across the country are planning to increase their hiring during the second quarter of 2011. Will they be hiring your best people away from you? Putting it another way . . . are your employees poachable? Consider the following:
Terminating Employees For Theft, Part 2Edward F. Harold, June 02, 2011
In our last issue (Retail Update, March 2011) we looked at some ideas about how to investigate, catch, and terminate employees who are stealing from the company. In this conclusion, we'll talk about some ways to avoid - or at least lessen the possibility of - getting sued.