Death of DOL Fiduciary Rule May Not Be Imminent
If one follows the recent onslaught of articles and blogs, Donald Trump's election to the presidency has placed a target squarely on the back of a DOL rule that imposes a fiduciary standard on those who provide investment advice in connection with employer retirement plans and IRAs. Yet reports of the rule's demise may be premature.
Using Background Checks to Hire and Retain Employees
The ability to hire and retain a competent, responsible workforce distinguishes the great human resources managers from the merely mediocre ones. Retention is highly valued in most successful businesses because hiring on limited information often comes down to more luck than skill, and nobody wants to engage in hiring more often than absolutely necessary.
Injunction of the DOL's Overtime Rule and Its Appeal
Is the Department of Labor's overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
Did the New Cause of Action for Job Applicants Under the ADEA Get Axed?
In <i>Villarreal v. R.J. Reynolds Tobacco Co.</i>, the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.
The Human Factor In Information Security
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
Non-Compete Clauses In California
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
