Monthly Archives: September 2012

Filling a Vacancy? Your Best Candidate Might Be Less Qualified, Says Court

“Federal and state governments, and the plaintiff’s bar, have laid down a dangerous maze that every employer has to traverse to hire and retain employees in hopes of achieving success… In interviewing, hiring, employing, paying and severing an employee, there is a minefield employers need to negotiate. Things like Title VII, ADA, ADEA, FCRA, EPA,… Read more »

Keep Your Hands Out of the Tip Jar (and Other Celebrity Chef Lessons)

Restaurant owners and managers: sometimes the best lessons from celebrity chefs don’t happen in the kitchen. The latest comes from MasterChef Graham Elliot, who recently settled a tip pooling lawsuit with Gregory Curtis and other waiters in Elliot’s Chicago restaurant for an undisclosed amount. The waiters claimed they were forced to share tips with non-waiters,… Read more »

Written Any Severance Checks Lately? You May Be Entitled to a Tax Refund

Employers in Kentucky, Michigan, Ohio, and Tennessee who have withheld FICA tax on severance payments made in connection with layoffs or plant closings might be getting some money back from the IRS. Law firm McDermott Will & Emery: “The U.S. Court of Appeals for the Sixth Circuit recently held that certain dismissal payments were Supplemental… Read more »

Small Businesses Also Need Data Breach Protection – and Insurance When It Fails

Corporate data breaches are becoming more common, but small businesses often don’t think it’s their problem. And that could come back to bite them. From law firm Jaburg Wilk: “There are numerous news reports of data and security breaches where customers’ personal information, including social security numbers, credit cards numbers and health information have been… Read more »

NLRB Issues First Social Media Decision (And It Looks Very Familiar)

Earlier this month, the National Labor Relations Board rejected Costco’s social media policy, which prohibited employees from posting statements that “damage the Company … or damage any person’s reputation.” Denise Keyser and Mary Cate Gordon of law firm Ballard Spahr explain: “The Board found the policy overly broad, concluding that it reasonably could be interpreted… Read more »

Revised Wage Deduction Rules for New York Employers: 5 Takeaways

It was a good week for employers in the state of New York, write Carolyn Richmond and Brynn Hollows (law firm Fox Rothschild): “With one signature on September 7, 2012, Gov. Andrew Cuomo has made the business community very happy by amending New York State labor law § 193 to expand [the] scope of permissible… Read more »

Do Small Businesses Have to Worry About Bribery?

Do small- and medium-sized businesses have to stay vigilant about bribery from within their ranks? Absolutely, writes Jonathan Kok at Warner Norcross & Judd: “The federal government has enacted laws that make it a crime for businesses operating in the United States to bribe foreign officials in an attempt to obtain favors or favorable treatment.… Read more »

Employment Law Roundup: EEOC Priorities, Non-Competes, Work Travel, Form I-9, ADA, Outsourcing 401(k)s, More

For your reference, a roundup of recent updates and advisories on JD Supra spanning the broad range of labor and employment law issues that arise in the workplace: “Ladies and Gentlemen, this is your captain. Looks like we missed our window of opportunity to sign this labor agreement, so we’re in for a long wait…”… Read more »

JOBS Act Update: SEC Proposes Rule to End Advertising Ban for Stock Offerings

In late August, the Securities and Exchange Commission proposed a new rule that would lift the long-standing ban on advertising private securities offerings. The rule, the first of a number of planned regulatory changes designed to help small and emerging growth companies raise capital as mandated by the JOBS Act, is open to public comment… Read more »