Tag Archives: confidentiality

Take the Off-the-Shelf Employment Agreements… Off the Shelf

Ver la versión en español aquí This is your reminder — always have counsel review and revise every agreement before offering it to an employee.  A number of new decisions and laws have made many standard employment agreements, restrictive covenant agreements, separation agreements, and settlement agreements completely unenforceable.  Below are a few examples…… Continue Reading

REGISTER NOW! Miami Labor & Employment Law Breakfast Series

Ver la versión en español aquí. In lieu of our annual seminar, we will be hosting a two-part breakfast series in our Miami office. In Part 1, we will analyze rapid changes in employment law and provide suggestions on how to navigate the multiverse of employment problems now facing HR. Stay tuned for details on Part … Continue Reading

Look to Your Left…It’s the New NLRB

Ver la versión en español aquí. For several years now, the National Labor Relations Board (“NLRB”) has been disavowing any pretension that it is an “intermediary” between labor and management.  Instead, the new NLRB has firmly tipped the scales in favor of organized labor.  This has clearly impacted all employers, as the NLRB has increasingly … Continue Reading

Tales from the (En)crypt

Ver la versión en español aquí. Approaching Halloween, want to hear something Really Scary? Late last year, the U.S. Court of Appeals, Third Circuit (Philadelphia) in Clemens v. ExecuPharm, Inc. (3rd Circuit Dec. 14,  2021), made clear that employers can be held liable for failing to properly protect their employees’ personal data.  Why is this … Continue Reading

Avoiding Unfair Labor Practices (ULPs)

Ver la versión en español aquí. In January 2021, I made several “way too early” pre-season predictions about then president-elect Joe Biden’s agenda regarding labor and employment. High on President Biden’s wish list was the Protect the Right to Organize Act (“PRO”), which would substantially strengthen labor law to the advantage of employees and unions. … Continue Reading

Can You Force Your Employees to Arbitrate Sexual Harassment Claims?

Simple answer – nope!   On February 10, 2022, inspired by the #MeToo movement, the U.S. Senate passed H.R. 4445, an amendment to the Federal Arbitration Act (“FAA”), also known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”  I guess the acronym would be “EFASASHA,” but that looks kind of … Continue Reading

Is telework a reasonable accommodation?

Ver la versión en español aquí. I contribute an Employment Law advice column to The Human Resources Association of Broward County newsletter.  A reader recently asked a question that I thought was important and I wanted to share. ASK JANET: If an organization does not allow telework for any of their employees, but an employee … Continue Reading

Vaccine Passports for the Workplace?

Ver la versión en español aquí Vaccine passports seem to be the hot button issue of the day.  Most of the media coverage and remarks from politicians have focused on businesses requiring customers, guests or students having proof of vaccination before returning to school or entering the business establishment.  But what about employers?  Can an … Continue Reading

Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

Statistics Updated October 27, 2020. On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China.  The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a … Continue Reading

Employers Need To Deny This Employee Request: “Please Don’t Tell Anyone, But My Supervisor . . .”

Ver la versión en español aquí HR folks – Have you ever had an employee tell you that he or she is being unlawfully harassed by a co-worker, but then begged you to keep the complaint confidential? Most often, employees ask their employers not to investigate their concerns because of embarrassment or fear of retribution.  … Continue Reading

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements.  The new tax act follows suit by including a provision … Continue Reading

Did a Florida Appellate Court Just “Dis” an Employment Agreement’s Arbitration Provision?

Ver la versión en español aquí Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons.  Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove … Continue Reading

Emails – An Essential Tool That Can Make You Look Like a Fool

Ver la versión en español aquí Politics aside, the emails which the President’s son recently published serve as a reminder that email is a very powerful tool – one that can be both beneficial and detrimental.  The President’s son has admitted that, in hindsight, he should have handled the situation differently.  He’s probably referring both … Continue Reading

Cyberattack: All Eyes on HR

Ransomware attacks are on the rise. Tuesday, a massive ransomware attack hit global businesses around the world. Last month, the worldwide cyberattack WannaCry affected more than 300,000 computers in over 150 countries. These are just the latest in a string of cybersecurity incidents that have threatened not only the confidentiality of company information, but the … Continue Reading

Theft of Confidential Information: Pfizer’s Wiser, Are You?

Ver la versión en español aquí Did she really think she’d get away with misappropriating 600 files from her former employer by surreptitiously downloading them onto a USB drive?  That’s what a former global marketing executive for Pfizer recently did just before she resigned.  Oh, and she apparently also sent to her personal email account … Continue Reading

Class Action Waivers: Will The Supreme Court Successfully Realign the Litigation Galaxy?

Ver la versión en español aquí Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, … Continue Reading

Employment is Now-But is a Separation Agreement Still Forever?

Ver la versión en español aquí It’s time!  An employee needs to go.   The departure needs to be a clean break with no threat of future litigation.   A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading

What You Need to Know About a New Federal Law to Protect Trade Secrets

Ver la versión en español aquí And people say Congress and the White House can’t agree on anything. Last week, by a vote of 410-2, the US House of Representatives passed the Defend Trade Secrets Act.  The Act will become law.  It has already been unanimously approved by the Senate and President Obama has indicated he will … Continue Reading

The “Accidental” Termination?

Ver la versión en español aquí Rumors of more potential layoffs have been circulating for quite some time at the once internet giant, Yahoo. Despite reductions in its workforce by 14% in 2014, Yahoo’s economic woes continue.  So, it was not necessarily a surprise when approximately 30 employees were laid off in late January even … Continue Reading

EXTRA! EXTRA! Read All About It! New FMLA Forms are Here!

Ver la versión en español aquí I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act.  More good news: the new docs have a new expiration date – May 31, 2018.   The revised notices/forms include … Continue Reading

Who Doesn’t Like Non-Competes?

Ver la versión en español aquí Clients sometimes ask, “Which employees should sign non-competition agreements?”   The answer from a growing number of employers seems to be “Everyone” and from employees it seems to be “No One”.  Recent news reports have commented on large retailers requiring that temporary or seasonal workers, stock room clerks and delivery … Continue Reading

Bring Your Own Device (BYOD) Policy – 10 Tips for Protecting Your Business

Ver la versión en español aquí Do you allow employees to access company data using their personal portable electronic devices instead of company-issued devices? For example, do employees use their smart phones to contact customers and store customer contact information, preferences, etc., on their phones? When these employees quit or are terminated, have you implemented … Continue Reading
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