Monthly Archives: August 2012

Technology + Employees = Business Risk? More Than You Think…

Sure, data theft by disgruntled employees is a big deal (we’ve all read the surveys and seen the news headlines). But the “technology + employees = business risk” equation doesn’t stop there. For your reference, here’s a roundup of recent advisories on JD Supra that remind us how the benefits of the digital age can… Read more »

HR Update: 5 Best Practices for Internal Investigations

“…[E]mployers are presented with circumstances on a regular basis that must be investigated effectively to avoid significant legal liability… [K]eep in mind that an internal investigation may become your defense in any subsequent litigation and therefore may be subject to significant scrutiny by the plaintiff, the plaintiff’s lawyer and possibly a jury. As a result,… Read more »

Employers Can Charge Employees For Not Joining Wellness Programs? Sure…

It might not be the healthy incentive you had in mind, exactly, but thanks to a recent federal court of appeals ruling, you might be able to start charging workers a fee when they don’t participate in your company’s wellness program. The lawsuit involved a Broward County (Florida) employee who objected to paying $40 per… Read more »

Construction News: Developers Can Force Arbitration of Disputes, CA Supreme Court Rules

Earlier this month, the California Supreme Court held that homeowners’ associations are bound by arbitration provisions in covenants, conditions and restrictions (CC&Rs). From law firm Allen Matkins: “… the California Supreme Court issued a significant opinion in the matter of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., holding that arbitration… Read more »

Can We Use that Picture on Our Website? “Fair Use” in a Pinterest World

Although the growing popularity of sharing sites like Pinterest might give the impression that photographs, drawings, videos, and other Internet content are free for the taking, nothing could be further from the truth. From law firm Mintz Levin: “If these photographs were placed online by the individual who took the photograph, and there are no… Read more »

Medical Loss Ratio Rebate: 3 Things To Know Before Cashing Your Check

One important provision of the healthcare reform law is the “medical loss ratio” (MLR) rebate, which requires insurers to spend a minimum amount of premiums on medical claims, or refund the difference to policyholders. From law firm Schnader: “Under the Patient Protection and Affordable Care Act, health insurance issuers in the group or individual market… Read more »

Workplace Discrimination Lawsuits: A Look Into The Future

Employers take note: the landscape of employee discrimination litigation is changing. That’s the message of a recent update from law firm Spilman Thomas & Battle: “For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and… Read more »

ICANN’s Domain Name Review: First gTLD Comments Due August 12, 2012

[Link: ICANN Unveils New gTLD Applicants for Brand Owner Review – Allen Matkins Leck Gamble Mallory & Natsis LLP] The Internet’s naming system is about to get a lot more complicated, and that’s a big deal for brand owners. Law firm Allen Matkins explains why in this video. Key takeaways: Formal objections can be filed… Read more »

COPPA Update: FTC Changes Rules Protecting Children Online (Again)

The ink was barely dry on the Federal Trade Commission’s latest set of proposed changes to the Children’s Online Privacy Protect Act – or COPPA – when the agency announced another round of revisions. Why the change? The business community spoke up, and the FTC listened. From law firm BuckleySandler: “In September 2011, the FTC… Read more »

NLRB Says “No” to Confidentiality in Workplace Investigations?

The National Labor Relations Board recently ruled that healthcare provider Banner Health was not justified in enforcing a rule that prevented workers from discussing an internal investigation with colleagues. (The board said that such a rule violated employee rights to engage in protected concerted activity.) It’s an important decision affecting all businesses, because asking employees to… Read more »

Social Media and the Olympics: A Lesson in Criticism Response for All Business Owners

[Link: #NBCfail: Twitter, the Olympics, Guy Adams & Justin Bieber] This Bloomberg Law interview with the Electronic Frontier Foundation’s Trevor Timm on a larger issue (the Olympics #NBCFail fiasco and Internet censorship) also underscores an important point for all businesses in the Social Age: silencing online critics doesn’t always work in your favor. That (seemingly… Read more »