Planning for Disaster
Devastating meteorological events such as Hurricane Katrina, or the major earthquake long prophesied for the West Coast -- only reinforce that every employer should develop and be prepared to implement a disaster plan. The specifics of plans will be as varied as employers' businesses, as they should be tailored to the products or services the company provides, its location, the number of employees it has, and the type of business disruption the company may be likely to face. Whatever its specific contours, however, the cornerstone of any emergency management plan is ensuring that a business can continue to run, even when its usual mode of doing business is effectively shut down. Far from being a knee-jerk responses to sensational events, such preparations should be considered just another form of business contingency planning.
Features
Enlarging Scope of Disaster Plans
Considering how much damage can result from something as innocuous as a faulty sprinkler system, it may be understandable that many law firm disaster planners previously gave their first attention to common threats, and then never got around to considering large-scale disasters. Firm planners could pat themselves on the back if they maintained proper fire safeguards, kept the firm properly insured, arranged for regular backups of key data files, and the like.
Internet Job Applications
Regulations established by the Labor Department's Office of Federal Contract Compliance Programs (OFCCP) require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each "applicant" for employment. On Oct. 7, the OFCCP issued a final rule that adds a definition of "Internet applicant" and requires contractors to collect gender, race, and ethnicity information from certain individuals who apply through the Internet. 41 C.F.R. Part 60-1.
Employee Blogging
A growing number of employees are blogging (posting comments, photographs, and even audio streams, to an online diary or journal), both at work and at home. The proliferation of workplace-related blogging has created an additional legal minefield to be navigated by the growing number of employers whose workforce has access to computers, the Internet and related electronic information. This article provides an overview of some of the more significant legal and business issues facing employers whose employees engage in workplace-related blogging, and offers recommendations for such employers to consider in an effort to minimize the potential for legal liability associated with such blogging.
Features
Recent Developments from Around the States
A look at rulings of interest to you and your practice.
Supreme Court Outlook for 2005-2006
This term, the United States Supreme Court will consider a number of cases that may impact employers and employees. Here is an in-depth rundown.
CA Supreme Court Expands Protections for Workers
In a pair of recent decisions, the California Supreme Court has significantly widened protections for workers claiming harassment and discrimination under the state's Fair Employment and Housing Act. Taken together, these decisions give California employees protections from job discrimination far beyond those in any other state.
Features
Recent Developments from Around the States
Recent rulngs of interest to you and your practice.
Circuit Split Develops on FMLA Waivers
Almost any employer providing exit pay beyond that to which an employee is otherwise entitled expects a release of rights in return. Most waiver agreements cover claims that could be raised under Title VII, the ADA, the ADEA, the FMLA, as well as state anti-discrimination laws. But it just got harder to get a valid release of FMLA claims in the Fourth Circuit.
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