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2018 In-House Counsel Guide to Data Privacy and Security – Now Available

2018 In-House Counsel Guide to Data Privacy and Security – Now Available

January 30, 2018

Authored by: Bryan Cave At Work

Bryan Cave is proud to present the third version of our in-house counsel’s guide to data privacy and security. The guide provides an overview of laws relevant to a variety of data matters topics, statistics that illustrate data privacy and security issues, and a breakdown of these data-related issues. It covers a range of privacy and security issues that apply in the HR context.

Click Here to download a copy of this new guide.

Paving the Way for Unpaid Interns: Trump Administration Relaxes the Standards

Internships are often a great way for students and young people to get their foot in the door and land their first job. But employers must ask themselves: is your unpaid intern actually an intern, or is the “intern” really an employee entitled to wages? Last week, the Department of Labor (“DOL”) aimed to provide clarity and flexibility when it revised its guidance for determining whether an unpaid intern is an “employee” who must be paid under the federal Fair Labor Standards Act (“FLSA”).

Unpaid internships have been the focus of some legal uncertainty over the past several years. The source of that uncertainty may be the FLSA’s simplistic definition of “employee” as “an individual employed by an employer.” The Supreme Court has yet to fully address the difference between unpaid interns and paid employees, but in 1947, the Court recognized that unpaid trainees should not be treated as

Employee Representation in Germany – Part 2

January 11, 2018

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Part II of III: Works Council Elections in Germany – Who Does What and How Are Election Proceedings Run?

March 2018 is getting closer and works council (re)elections will again be on the agenda in Germany. We started this three-part blog last November with Jens Peters` introduction and overview to this topic.  See November 7, 2017 article. In this Part II, we briefly concentrate on the “Who does what” during the election proceedings and provide you with an overview of how election proceedings will run in an ordinary way.

Who does what?

The election committee (“Wahlvorstand”) is in the driver’s seat, with responsiblilities for leading and executing the election. Its main tasks are to inform the work force about the election and its proceedings (“Wahlausschreiben”) and to create the list of employees eligible to vote and to be voted (“Wählerliste”). If a works council already exists, the three-member election committee

Investigating Claims of Harassment: A Step-by-Step “How To” – Part 1: The Complaint

What if you were the Human Resources representative that received a complaint that Harvey Weinstein, Matt Lauer, Charlie Rose, or any of the other number of accused sexually harassed an employee?  What if you were the in-house counsel and received the complaint?  With the rise of sexual harassment allegations receiving increased scrutiny, employers need to have proper procedures in place for handling claims of sexual and other harassment in the workplace.

This is the first of a six-part series that will address guidelines and suggestions for conducting investigations of harassment complaints. Each harassment investigation, however, is different, and any investigation should be tailored to fit the particular circumstances.

What Complaint?

A harassment “complaint” need not be written, nor does a “complaint” have to actually be made to anyone. Most of the time, an employee brings a complaint forward to a supervisor or to Human Resources. However, there are times that

NLRB Update: Trump Board Wastes No Time Overturning Obama-Era Precedent

December 26, 2017

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With two appointments by President Trump, the National Labor Relations Board (NLRB) had a Republican majority for several months in 2017, for the first time in ten years.  The “Trump Board” wasted no time overturning Obama-era precedents – and has signaled that there is much more to come.

Harder for Employers to be Declared “Joint Employers”

In Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 15, 2017), the Board overruled the joint-employer test announced in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015).  In Browning-Ferris, the Obama Board had departed from decades of precedent to declare that two unrelated employers would be deemed “joint employers” for purposes of the National Labor Relations Act (NLRA) if one had reserved the right to exercise direct or indirect control over the employees of the other, even if that control was never actually exercised, and even if the control was

Seminar in Phoenix – Handle with Care: Responding to Whistleblower Claims

December 21, 2017

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Bryan Cave lawyers Mark Srere and Jay Zweig will present a timely and informative live presentation on whistleblowing in the workplace on Wednesday, January 10, 8:00 – 9:30 a.m. (MT)

The Phoenician Resort 6000 E Camelback Rd Scottsdale, AZ 85251

Whistleblowing in the workplace raises challenging employment law and civil and criminal liability issues for employers. News media coverage of and social media campaigns on everything from sexual harassment to financial reporting, to government contracting, to environmental issues, and a host of other laws have resulted in a large number of whistleblowing claims. This program will address what employers must do to prepare for the time when an employee blows the whistle internally, or reports to law enforcement. Our presenters will discuss and answer your questions on:

  • The legal protections for whistleblowers;
  • How to effectively investigate a whistleblower complaint;
  • How employers can manage a whistleblower after a complaint so as to

You’ve Been Warned: California’s WARN Act Is Broader Than the Federal Warn Act

As with so many other situations involving California’s employment laws, its protection for California-based employees experiencing a job loss is broader than the protections under federal law.  In The International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 998, et al. v. Nassco Holdings Inc., et al., the California Court of Appeal, Fourth Appellate Division held, among other things, that California’s version of the Worker Adjustment and Retraining Notification (“WARN”) Act is broader than its federal counterpart.

The specific issue the court addressed was whether a furlough of several weeks constituted a “layoff” for purposes of a “mass layoff,” triggering the 60-day notice period when 50 or more employees at a covered establishment experience a “layoff” during any 30-day period.  The defendant argued unsuccessfully that no notice was required because its work stoppage was only for a brief period and therefore its action was not a “layoff” or

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are under attack in the courts for their use of finger-scan and biometric technology.

The Illinois Biometric Information Privacy Act (“BIPA”), effective since October 2008, regulates the collection, use, safeguarding, handling, storage, retention, destruction, and disclosure of biometric identifiers and information. The BIPA, however, was largely ignored until mid-2015 when the first wave of BIPA litigation was filed against social media and photo-storage/sharing services.

BIPA litigation has now turned its attention to employers. Since August 2017, in Cook County, Illinois alone, more than 30 class action lawsuits have been filed in state court alleging violations of the BIPA, mostly based on employers’ use of finger-scan technology for timekeeping tracking. The recent lawsuits generally allege that employers have collected, stored, and/or used

Following the Weinstein Allegations, Improving Workplace Culture

The wave of sexual harassment allegations against high profile media moguls such as Harvey Weinstein, Bill O’Reilly, and Mark Halperin has put sexual harassment issues in the public spotlight.  All employers, even those not in the “biz,” should take this opportunity to review their sexual harassment training and policies and consider ways to improve their workplace culture.

In a recent exclusive interview with Law360, the Equal Employment Opportunity Commission (“EEOC”) acting Chair Victoria Lipnic reiterated the EEOC’s focus on sexual harassment and retaliation across a wide range of industries. See Law360, “We See This Everywhere, EEOC Chair Says of Weinstein,” Braden Campbell (Oct. 24, 2017), available at https://www.law360.com/employment/articles/977719/-we-see-this-everywhere-eeoc-chair-says-of-weinstein?nl_pk=2905a360-50ef-439a-8c8c-a294a6bf3896&utm_source=newsletter&utm_medium=email&utm_campaign=employment. Lipnic’s interview highlights the importance for employers to review their policies and take affirmative steps to create a positive work environment.

According to Lipnic, “We see this everywhere. This happens to women in workplaces all over the place.  You look at

Employee Representation in Germany – Part 1

November 7, 2017

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Part I of III: The Works Council in Germany

“Works Councils – not again!” Every four years there will be new elections for the most important employee representative body in Germany. This coming March 2018 works council (re)elections will (again) take place in Germany. This blog series deals with the institute of the works council in Germany and will consist of three parts. Part I will provide you with an overview regarding its establishment, its structure, its rights and responsibilities, the election procedure and the costs related to it.

Establishment

The works council is the main employee representative body at company level. In any operation (Betrieb) with more than five regular employees a works council (Betriebsrat) can be elected at the full discretion of the work force. In addition, a joint works council (Gesamtbetriebsrat) must be established if a company has more than one works council. For a corporate group,

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