Features
E.U. Data Protection Law
On Jan. 25, 2012, the European Union Commission published a draft Regulation that is aimed at replacing the currently applicable E.U. Directive of Oct. 24, 1995 "on the protection of individuals with regard to the processing of personal data and on the free movement of such data." The Directive, and the legislation of each E.U. Member State that resulted from it, are of high relevance for any employer employing personnel in any E.U. Member State.
Features
Mandatory Flu Shots?
Although it is only July, it is not too early to start thinking about flu season. Mandatory vaccinations have been the topic of much debate in recent years. This is particularly true for healthcare providers.
Features
Can Employers Sue Employees Under the CFFA?
Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.
Features
<b><i>Online Extra:</b></i> A Big Win for Pharma Companies in Overtime Case
Pharmaceutical companies scored a major victory on June 18 when a divided U.S. Supreme Court held that the industry's sales representatives are not eligible for overtime pay.
A Guide to Breast-Feeding Policies
In-house counsel should examine their companies' breast-feeding policies, including how they handle employees who need time to attend to breast-feeding responsibilities while at work.
Claims of Protected Concerted Activity
In a recent case, even though there was no evidence that the employee had discussed a particular wage issue with other employees, the NLRB nevertheless found violation.
Features
Electronic Handheld Devices
There are substantial legal risks associated with requiring employees to carry electronic handheld devices. Here's what employers need to do.
Features
What's Scarier Than an Agency Audit? Three Agency Audits
Misclassifying employees as "independent contractors" may put employers in triple jeopardy. (<i>See</i> article <i>infra</i> by Rosanna Sattler.)
Features
Independent Contractor Classification
The classification of independent contractors is garnering increased attention at both state and federal agencies and courts. This article outlines some general guidelines based on recent state and federal court decisions.
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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