Technology for HR

Preparing for electronic discovery in litigation

Technology for HR - Thu, 10/19/2017 - 08:39
by Sarah Caldwell Breslin If you’re involved in current or even threatened litigation, you have an obligation to retain information that is reasonably likely to be relevant and turn it over during discovery (the pretrial exchange of evidence). In the electronic world we live in, this increasingly includes and often revolves around...
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Employee collects unemployment despite offensive Facebook post

Technology for HR - Thu, 10/12/2017 - 15:16
by Timothy K. Baldwin and Matthew D. Strauss In a recent case, Beagan v. R.I. Department of Labor and Training, the Rhode Island Supreme Court held that an employee who was terminated for posting derogatory Facebook comments about his supervisor was eligible for unemployment benefits. The court’s ruling is a cautionary tale that employers...
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HR manager fired for downloading, e-mailing himself company documents

Technology for HR - Thu, 10/05/2017 - 08:00
by Tom Harper A recent case before the federal appeals court with jurisdiction over Florida involved claims by a senior HR official at a Kia Motors plant who believed he was being directed to violate the law by reducing the number of African-American and older workers at the plant. After complaining about the allegedly illegal directive, the HR...
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‘Buy American, Hire American’ Executive Order has high-tech and other employers concerned

Technology for HR - Thu, 09/28/2017 - 08:00
by James E. Morrison and Michael P. Nowlan The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire and employ for up to six years foreign workers with a bachelor’s or graduate degree in a specialty field that requires theoretical or technical expertise and highly specialized knowledge, such as IT, finance, accounting,...
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Don’t get hung up on: off-duty cell phone use and the FLSA

Technology for HR - Thu, 09/21/2017 - 11:23
by Angela N. Johnson Company-issued cell phones and bring-your-own-device (BYOD) programs are now ubiquitous. As employers are more frequently communicating with not only supervisory but also hourly employees through mobile devices, class action lawsuits over unpaid “cell phone work” are on the rise. The trouble is that off-duty...
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Are you taping me? Audio and video recording in the workplace

Technology for HR - Thu, 09/14/2017 - 08:03
by Shannon Kane Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to “act in concert” for the purpose of collective bargaining or other mutual aid or protection. The Second Circuit (whose ruling apply to all Connecticut, New York, and Vermont employers) recently affirmed a decision and order in which...
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DTSA whistleblower must do more to gain immunity

Technology for HR - Wed, 09/06/2017 - 06:00
by Stefanie M. Renaud On May 11, 2016, the Defend Trade Secrets Act of 2016 (DTSA) became law. The DTSA allows companies to pursue claims for trade secret misappropriation in federal court and seek remedies to recover trade secrets stolen by employees. To get the benefits of the DTSA, employers must inform employees who sign confidentiality or...
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Starbucks employee spills the beans on workplace harassment

Technology for HR - Thu, 08/31/2017 - 08:04
by KrisAnn Norby-Jahner On the heels of the Equal Employment Opportunity Commission’s (EEOC) call for public comments on revised workplace harassment enforcement guidance, a Starbucks barista filed a sexual harassment lawsuit against her employer. The lawsuit implicates a variety of employment concerns, including coworkers exchanging...
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Miami judge rules that Winn-Dixie’s website violates ADA

Technology for HR - Thu, 08/24/2017 - 08:22
by Tom Harper After a bench trial in Miami, U.S. District Judge Robert N. Scola, Jr., entered an order on June 12, 2017, in which he found that Winn-Dixie’s website violated the Americans with Disabilities Act (ADA) because it wasn’t accessible to a vision-impaired customer. For years, disabled individuals have been visiting Florida...
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Does your company do business with the EU? Familiarize yourself with the GDPR

Technology for HR - Thu, 08/17/2017 - 07:05
by Shawn A. Morgan Does your company do business in the European Union (EU)? More specifically, does your company offer goods and services to the EU’s member countries, or does it collect or monitor the personal data of EU-based citizens? If so, you may become subject to sweeping new EU data protection laws, and you have less than a year...
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Are you at risk of a data breach lawsuit?

Technology for HR - Thu, 08/10/2017 - 09:07
by Stefanie M. Renaud With data security concerns at an all-time high after the global “WannaCry” ransomware hack in May 2017, you may be wondering if you need to do more to protect your employees’ and customers’ personal information. In Massachusetts, data security breaches can trigger extensive reporting requirements...
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Cyberwarfare in the workplace: HR on the front lines

Technology for HR - Thu, 08/03/2017 - 08:53
by Lisa Berg If you thought cybersecurity was only IT’s responsibility, think again. Some of the biggest security threats are from hackers who purposefully target a company’s employees and trick them into divulging information or granting access to confidential information. Other threats result from employees’ careless...
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Computer glitch forces Chipotle to defend against 10,000 FLSA claims

Technology for HR - Thu, 07/27/2017 - 09:22
by Ryan B. Frazier It has been said, “Two’s company, but three’s a crowd.” But what does 10,000 make? In a claim for unpaid wages, it may constitute a “collective action” under the Fair Labor Standards Act (FLSA). The FLSA, which requires employers to pay hourly employees minimum wage and overtime...
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Border searches of electronic devices—what information is at risk?

Technology for HR - Thu, 07/20/2017 - 09:13
by Leigh Cole We all carry electronic devices when we travel—cell phones, tablets, and laptops. Some devices are personal, some are owned by our employer, and some contain confidential employer or customer information in e-mail or stored documents. Electronic devices are subject to search at U.S. ports of entry. Do your employees know what to...
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21st century hiring: The times they are a-changin’

Technology for HR - Thu, 07/13/2017 - 09:15
by Andy Rodman It seems as though I come across an article or blog post concerning technological advances in hiring and recruiting every day. Most of the articles and posts focus on the use of analytics and artificial intelligence in seeking out, recruiting, and hiring qualified applicants.   I recently read an article about a California-based...
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How to protect against and respond to cyberattacks

Technology for HR - Thu, 07/06/2017 - 10:02
by Milton Whitfield and Jayna Genti When a data breach occurs, you’ll need to assess the applicability of federal statutes as well as state laws. Depending on the situation, federal statutes (and some state laws) can both increase your obligation to keep certain types of information confidential and assist you in seeking redress against...
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