Monthly Archives: December 2011

Employee Handbooks: 5 Workplace Policy Revisions to Consider for the New Year

“For many employers, the employee handbook sits up on a shelf gathering dust. Some may not even think about company policies until there is a problem, and then it may be too late. The upcoming new year is a perfect time to make a resolution to review and revise your employee handbook to take advantage… Read more »

Doc of the Day: Facebook’s Settlement with the FTC is a Wake Up Call for Businesses

Let that be a lesson to you… Sheppard Mullin’s analysis of the Federal Trade Commission’s recent settlement with Facebook (and those with Google and ScanScout) provides a valuable reminder that the FTC is looking closely at privacy policies, and punishing companies that don’t practice what they preach: “The Federal Trade Commission (‘FTC’) is working hard… Read more »

Federal Rule Bans Cell Phone Use by Commercial Drivers: 4 Things You Should Know

In late November, the Department of Transportation’s Federal Motor Carrier Safety Administration published a final rule that places significant restrictions on commercial drivers who use the phone while driving. As of January 3, 2012, drivers of commercial motor vehicles may no longer use handheld devices at the wheel. For your reference, four things you should… Read more »

NLRB Poster Rule Delayed. Again. (New date: April 30, 2012)

Are you keeping up? On December 27, 2011, the National Labor Relations Board announced that it was delaying yet again the implementation of its rule requiring covered employers to post notice of employee rights under the National Labor Relations Act. For your reference, here’s a roundup of legal updates on the latest postponement: NLRB Postpones… Read more »

Privacy Laws: 5 Areas for Businesses to Watch in 2012

“The world of identity theft and its legal consequences are not limited to big credit companies. Main street businesses, with online portals, or credit/payment card facilities of some kind are just as much at risk. And if the rhetoric doesn’t scare, then the numbers should as the Identity Theft Resource Center states the business sector… Read more »

Changes to 401(k), ERISA, and Health Care Plans in 2012: Are You Ready?

2012 is right around the corner, and with it a number of federally mandated revisions to employee benefits plans. For your reference, here’s a roundup of legal updates on expected 2012 changes to ERISA, 401(k), and health care plans: On ERISA plan disclosures… •  Service Providers to ERISA Plans: DOL’s New Disclosure Regulations Are Imminent—Are… Read more »

Doing Business in California in 2012: Do You Know These New Laws?

For your reference, here’s an overview of new laws on the books for 2012 affecting companies doing business in California: California’s New Minimum Pay Requirements for Computer Professional Employees Take Effect January 1, 2012 (Morgan Lewis) “Effective January 1, 2012, the required minimum pay/salary for those employees exempt from overtime under the California computer professional… Read more »

Veterans and Employment: Laws, Protections, Incentives…

For your reference, here’s a quick roundup of recent legal updates covering the multi-faceted and hugely important topic of employment of veterans: – New Veterans Law Offers Tax Credits to Employers and Recognizes Hostile Work Environment Claims Under USERRA From Poyner Spruill: “…this new legislation provides for job training and transition assistance to veterans, which… Read more »

3 Things You Have To Do When Terminating an Employee for Theft

If the fear of employees stealing from your business keeps you awake at night, you’re probably not alone: experts estimate that employee theft costs employers billions each year. When it happens, here are three things you must do, from labor & employment lawyers on JD Supra: 1.Keep your cool: “The responsible employer should not permit… Read more »

Doc of the Day: Littler on “40 Years of Experience with the Fair Credit Reporting Act”

Littler’s analysis of the Federal Trade Commission’s 40 Years of Experience with the Fair Credit Reporting Act report. Who should read it? Every employer who uses credit reports for employment purposes. Why? “For many years, it was relatively uncommon to see lawsuits or FTC enforcement actions against employers for alleged violations of the [Fair Credit… Read more »

Business Property Leases: 7 Tips for Getting Them Right

“At some time in the life of their business, most business owners will find occasion to lease commercial space. While owning business real estate can be desirable, many businesses cannot afford a significant cash outlay, particularly at the development stage. For those contemplating a new lease or lease extension for your business … you should… Read more »

New Jersey Trade Secret Act Passed; Awaits Governor’s Signature

On December 5, 2011, the New Jersey Assembly sent the New Jersey Trade Secrets Act, the state’s own version of the Uniform Trade Secrets Act, to Governor Chris Christie for signature. Written to codify a long history of well-developed case law, the Act provides statutory remedies and procedural guidance for the misappropriation of trade secrets.… Read more »

Transgender Equal Rights Bill Passed in Massachusetts

“On November 23, 2011, [Massachusetts] Governor Patrick signed into law House Bill 3810, ‘An Act Relative To Gender Identity.’ The new law protects transgender individuals from discrimination in housing, education, employment and credit by adding ‘gender identity’ to the list of classes protected by various Massachusetts non-discrimination and hate crime statutes.” (Massachusetts Enacts Transgender Equal… Read more »