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Small Michigan Medical Practice To Close Following Ransomware Attack

Jackson Lewis P.C.·

Small and midsized enterprises (SMEs) continue to be targeted by ransomware, phishing and other cyberattacks; the consequences of which could be devastating. Those consequences include putting SMEs out of business, which is unfortunately the case for one small medical practice in Battle Creek, Michi

Compass® Newsletter – Spring 2019

Ogletree Deakins·

Articles in this issue D.C. Download Top Tips for Effective Investigatory Interviews It’s About (Over) Time: The DOL’s New Part 451 Overtime Rule Digging into Data: Electronic Discovery in the Digital Age

Just Culture–What Is It and Can It Minimize Patient Harm and Promote a Positive Workplace Culture?

Jackson Lewis P.C.·

Healthcare employers, along with other high-risk industries, continually look for ways to minimize risk and to promote a positive work culture for employees. One approach is the implementation of a “just culture” framework.

As Wearable Technology Booms, Sports and Athletic Organizations at all Levels Face Privacy Concerns

Jackson Lewis P.C.·

As wearable and analytics technology continues to explode, professional sports leagues, such as the NFL, have aggressively pushed into this field. (See Bloomberg). NFL teams insert tiny chips into players shoulder pads to track different metrics of their game. During the 2018-2019 NFL season, data w

Damaging Data Breaches Don’t Just Involve SSNs or Medical Information

Jackson Lewis P.C.·

A few weeks back a company’s watch list containing nearly 2.5 million individuals and entities considered “high-risk” for its clients was mistakenly leaked to the public. A “high-risk” entity in this circumstance was one potentially linked to organized crime or terrorism. The leak resulted from an u

WPI State of the States: April Legislative Showers Stem the Tide of New Bills

Littler·

In legislative terms, the month of March came in like a lion and went out (almost) like a lamb, as the pace of new bills introduced at the state level slowed considerably. Roughly 300 new labor and employment-related bills were introduced across the country in March, versus about 600 new bills in Fe

DOL Issues Third Proposed Rule in Two Weeks, This Time on Joint Employment

Littler·

On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks.

Suffering Fools and Foolish Employment Stories Gladly

Littler·

“What kind of fool are we?”1 Musing over Cole Porter’s immortal lyrics in today’s workplace may surely spur contact from a plaintiffs’ lawyer retorting with David Byrne’s “this ain’t no fooling around.”

Embrace the (March) Madness at Your Workplace

Jackson Lewis P.C.·

With the arrival of spring comes March Madness as the top Division I men’s and women’s college basketball programs compete for the national championship.

Cost and Benefit Analysis of Bring Your Own Device Programs

Jackson Lewis P.C.·

An increasing number of companies have adopted Bring Your Own Device (“BYOD”) programs. Under a BYOD program, companies permit employees to connect their personal devices (e.g. laptops, smartphones, and tablets) to the company’s networks and systems to complete work-related duties. In contrast, unde

NIST Publishes Guide to Secure an Organization’s Mobile Devices

Jackson Lewis P.C.·

Just last month, the National Cybersecurity Center of Excellence (NCCoE), a part of the National Institute of Standards and Technology (NIST), published guidance for public and private companies to protect mobile devices and help prevent data breaches.

What Every Employer Should Learn from the “Varsity Blues” College Fraud Admissions Scandal

CDF Labor Law LLP·

The arrests and indictment of the alleged conspirators in the “Varsity Blues” scandal hits close to home as we are graduates of some of the venerated institutions and have teenage children who dream of attending prestigious universities whose reputations have been tarnished by association. A key les

A Hard Hat is Not Just for Men

FordHarrison·

In honor of Women in Construction Week and International Women’s Day, it is the perfect time to celebrate the diversifying workforce and increasing number of women working in the construction field. Women can, and should, continue to play an invaluable and innovative role in the construction workfor

Dear Littler: Can We Add New Categories to Our Employment Self-Identification Forms for Sex and Race?

Littler·

Dear Littler: I work in HR at a large, California-based company with branches across the country. We pride ourselves on our diverse and inclusive workforce, and encourage employees to self-identify their race/ethnicity and sex. Last year a number of employees left the "sex" and "race" categories bla

Should Companies Terminate Third Party Vendors That Cause a Data Breach?

Jackson Lewis P.C.·

According to reports, bank customers in Australia (yes, data breach notification requirements exist down under) have been affected by “an industry-wide” data breach experienced by a third-party service provider to the banks – property valuation firm, LandMark White. As expected, the banks are invest

WPI State of the States: From Sexual Harassment and Equal Pay to Vaccines and Big Data – February was a Mixed Bag of Legislative Activity

Littler·

State and local legislatures considered over 1,000 labor and employment bills in February, more than 600 of them new. While only a handful of bills were enacted last month—including new $15 per hour minimum wage bills in New Jersey and Illinois—several dozen other bills advanced through at least one

Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims

Jackson Lewis P.C.·

The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer. Peddy v. Aaron’s, Inc. Case No. 02:18-cv-1625 (E.D. La. Feb. 21, 2019). The Court also ruled

The IRS is on the Case – “Expansion of the Gig Economy Warrants Focus on Improving Self-Employment Tax Compliance”

Jackson Lewis P.C.·

The nature of work is changing with more and more individuals choosing to be “gig” workers rather than employees. This change fundamentally alters the availability of employee benefits, as well as the applicable taxation reporting and withholding requirements. It is no surprise to us that the Treasu

The Preemption Power Struggle: Red States, Blue Cities Clash Over Workplace Laws

Littler·

Bruce Sarchet, Corinn Jackson, and Eli Freedberg with Littler’s Workplace Policy Institute explore a recent trend pitting progressive city councils against more conservative state legislatures. They discuss the proliferation of local ordinances regulating workplace issues (such as “fair workweek” re

The Status of the GDPR As the One-Year Mark Gets Closer

Jackson Lewis P.C.·

In honor of Data Privacy Day (Data Protection Day in Europe), the European Commission (“the Commission”) released a statement on the status of the EU’s General Data Protection Regulation (“GDPR”) which took effect on May 25, 2018. The joint statement by the Commission’s First Vice-President Timmerma