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Employers Beware of Phishing Scams

Jackson Lewis P.C.·

On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was allegedly disclosed as part of a phishing scam that occurred in late March 2016 a

Workplace Policy Institute Insider Report — May 2016

Littler·

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency rulemaking, legislative maneuvers to block new and pending rules, and state e

Big Data, Artificial Intelligence and Analytics in the Workplace, Part 1

Littler·

The ROI on using big data makes a clear case for the growing use of Big Data in organizations. Human Resource departments are using data analytics to improve the process of selecting and hiring employees and to create a more objective method for conducting performance evaluations. Companies can also

Workplace Policy Institute Insider Report — April 2016

Littler·

This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those efforts, and state bills and ordinances that have advanced in recent weeks. The

The Corporate Human Rights Benchmark Ranks Large Companies' Human Rights Performance

Littler·

In 2011, the United Nations adopted the UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which provide non-binding guidelines on how employers should conduct their business activities to provide appropriate respect for internationally recognized human rights. Recently, v

Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court Rules

Jackson Lewis P.C.·

The U.S. Supreme Court, in a 5-to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States, No. 14-419 (Mar. 30, 2016).

Who is Merrick Garland and What Does His Nomination Mean for Labor and Employment Law?

Littler·

A month after U.S. Supreme Court Justice Antonin Scalia’s death, President Obama has appointed Merrick B. Garland to fill the High Court vacancy. Judge Garland currently is Chief Judge for the U.S. Court of Appeals for the D.C. Circuit. He is viewed by many as a more centrist choice for the position

Internet of Things Bill Introduced

Jackson Lewis P.C.·

Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the

Dwolla Fined $100,000 by CFPB in First Data Security Enforcement Action

Jackson Lewis P.C.·

The Consumer Financial Protection Bureau (“CFPB”) gave the fintech online payment sector a “wake up call” with an enforcement action against a Des Moines start up digital payment provider, Dwolla, Inc. (“Dwolla”).

Workplace Policy Institute Insider Report — March 2016

Littler·

Littler's Workplace Policy Institute® (WPI™) presents the Insider Report, a monthly newsletter detailing key labor, employment, and benefits policy developments at the federal, state, local and global levels. This month's edition includes articles on federal agency priorities for the remainder of Pr

Criticizing Your Boss’s Salary May Not Cost You Your Job Under New California And Federal Laws

CDF Labor Law LLP·

Writing an open letter to the CEO of your company about your pay may go viral on the internet and draw a firestorm of commentary, but California’s new Equal Pay Act and a recent decision from one federal Court of Appeal may limit what an employer can do in response to such criticism and commentary.

Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can’t Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees

Jackson Lewis P.C.·

A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for documents and electronically-stored information to comply with the employer’s discovery obligations. At the same time, the Court ruled that an employer cannot

March Monitoring Madness and Monitoring Methods

Jackson Lewis P.C.·

As NCAA basketball tournament season approaches, employers may be wondering if they can monitor employees at work to see how much time they are spending checking their brackets, or for other purposes. There are many reasons companies monitor employees, including boosting productivity, dissuading cyb

Federal Agencies Offer Guidance on Sharing Information About Cyber Threats

Jackson Lewis P.C.·

The federal Departments of Homeland Security, Defense and Justice and The Office of the Director of National Intelligence issued guidance on the implementation of the Cybersecurity Information Sharing Act of 2015 (CISA). Among the four guidance documents issued by these agencies is one outlining the

No Statutory Damages Under SCA Without Actual Damages

Jackson Lewis P.C.·

The U.S. Court Appeals for the Eleventh Circuit has ruled that statutory damages under the Stored Communications Act (SCA) are not available in a case where the plaintiff did not incur any actual damages.

Identity Theft is the First of the IRS’ “Dirty Dozen” Tax Scams of 2016

Jackson Lewis P.C.·

Each year at the beginning of tax season, the IRS releases the “Dirty Dozen,” a list of twelve tax scams to be mindful of when individuals are filing their taxes. This list is something to consider sharing with colleagues or friends within your organization.

What are the Short- and Long-Term Employment Law Implications of Supreme Court Justice Antonin Scalia's Death?

Littler·

For the last three decades, Justice Antonin Scalia served as a stanch and reliable conservative voice on the U.S. Supreme Court. While his rulings could be controversial at times, he remained widely liked and respected, even among the more liberal members of the Court. His unexpected death over the

Joint Employment Challenges Continue in 2016

Maynard Nexsen·

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or regulation. While the legal theory is not new, the increased attention and

The Status of the EU-U.S. Privacy Shield

Jackson Lewis P.C.·

As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers. While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe

Wrongfully Reviewed? Risks of Performance Review Process

Goldberg Segalla·

Performance reviews are a necessary step in the path to ensuring a team of productive employees. However, as illustrated by a series of recent lawsuits filed by Yahoo employees against the internet giant, performance reviews are not without risks to the employers who administer them. In one such sui