We recently blogged about recent gender discrimination lawsuits filed against technology industry employers. Following in the wake of these lawsuits have been news stories regarding the lack of diversity in the technology industry. The scale of the statistical disparity, (for example, 90% of Twitter’s technical employees are male), creates major litigation risks for companies seeking to remedy this disparity. Technology companies eager to accept social responsibility for correcting these discrepancies must be careful not to inadvertently invite legal liability for them as well.
Although there seems to be a consensus that lack of diversity is a problem in … Continue ReadingRead This Post
Categories: Benefits & Compensation, Intellectual Property
Today, Law360 published our article “Considering Best Data Practices for ERISA Fiduciaries.” (Read the full version here — Law360 subscription required.)
In this article, we outline steps that ERISA plan fiduciaries can take to develop a policy concerning protection of plan data and prudent selection and monitoring of plan service providers who handle PII. Benefit plan service providers, including technology-based outsourcing companies, should also consider these important guidelines and implement the appropriate safeguards to protect against infringement of plan and participant data. These issues must be addressed in service arrangements and will continue to evolve.
Following is an excerpt:
Employee … Continue ReadingRead This Post
With the ever-increasing amount of information available on social media, employers should remember to exercise caution when utilizing social media as a part of their Human Resources/ Recruitment related activities. As we have discussed in a prior blog post, “Should Employers and Facebook Be Friends?” we live in a digital-age, and how people choose to define themselves is often readily showcased on social networking sites. Whether – and how – employers choose to interact with the online presence of their workforce will continue to develop as the relevant legal standards try to catch up.Read This Post
My colleagues Nancy L. Gunzenhauser and Barry A. Guryan published a Health Care and Employment Law blog post that will be of interest to many of our readers: “Massachusetts Issues Proposed Sick Leave Regulations.”
Following is an excerpt:
As we reported, last November, voters in Massachusetts approved a law granting Massachusetts employees the right to sick leave, starting on July 1, 2015. The law provides paid sick leave for employers with 11 or more employees and unpaid sick leave for employees with 10 or fewer employees. While the law set forth the basics, many of the details, … Continue ReadingRead This Post
Categories: Announcements, Benefits & Compensation, Employment Law, Immigration
In the lifecycle of a start-up company, there are many key issues, situations and milestones when it is important to seek legal consultation. Epstein Becker Green has developed an easy to follow guide to highlight common workforce management issues (including employment, benefits and immigration concerns) start-up employers must consider as they grow their business and application of important laws which are triggered by employee count.
The Workforce Guide outlines critical areas such as:
- Onboarding and compensation;
- Managing existing workforce;
- Separation; and
- Statutory thresholds triggered by employee count.
This is merely a guide but should be helpful in determining when to … Continue ReadingRead This Post
To register for this complimentary webinar, please click here.
I’d like to recommend an upcoming complimentary webinar, “EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs? (April 22, 2015, 12:00 p.m. EDT) presented by my Epstein Becker Green colleagues Frank C. Morris, Jr. and Adam C. Solander.
Below is a description of the webinar:
On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its long-awaited proposed regulations governing employer-provided wellness programs under the American’s with Disabilities Act (“ADA”). Although the EEOC had not previously issued regulations governing wellness programs, the EEOC has filed … Continue ReadingRead This Post
My colleagues Frank C. Morris, Jr., Adam C. Solander, and August Emil Huelle co-authored a Health Care and Life Sciences Client Alert concerning the EEOC’s proposed amendments to its ADA regulations and it is a topic of interest to many of our readers.
Following is an excerpt:
On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth the EEOC’s interpretation of the term “voluntary” as to the disability-related inquiries and medical examination provisions of the … Continue ReadingRead This Post
Recent discrimination lawsuits filed by former employees against Facebook and Twitter, serve as a reminder of the importance of having robust sexual harassment and equal employment opportunity policies in place. In Chia Hong v. Facebook, Inc., et al., which was filed on March 16, 2015 in the Superior Court of California in and for San Mateo County, former Facebook employee Chia Hong, who is Taiwanese, alleges that during her employment at Facebook she was discriminated against and harassed on the basis of her gender, race and nationality in violation of the California Fair Employment and Housing Act. Hong, who … Continue ReadingRead This Post
Categories: Benefits & Compensation, Health Reform, Wage and Hour
One day before the U.S. Department of Labor’s Family & Medical Leave Act (“FMLA”) same-sex spouse final rule took effect on March 27, 2015, the U.S. District Court for the Northern District of Texas ordered a preliminary injunction in Texas v. U.S., staying the application of the Final Rule for the states of Texas, Arkansas, Louisiana, and Nebraska. This ruling directly impacts employers within the technology, media, and telecommunications industries who are located or have employees living in these four states.
BackgroundRead This Post