As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law.  Unfortunately, they’re not as sanguine as raindrops on roses or whiskers on kittens…

Some retail employers will be on Santa’s naughty list after the Sixth Circuit found that sales employees paid on a 100% commission or draw basis cannot be required to repay outstanding draws after termination of employment.  The Senate decked the halls of the NLRB by confirming a new General Counsel, who will serve a critical policy role and is expected to move away from enforcement of the NLRB’s broadened joint-employer standard.   This could be the last Christmas employees have to visit EEOC offices in person to file discrimination charges after the EEOC launched a new online portal, putting employers on alert of the possibility of increased charge filings in 2018.  It’s a wonderful Christmas time for minimum wage workers in Montgomery County, Maryland, in DC’s metro area, who joined the small but growing ranks of jurisdictions increasing its minimum wage to $15.00 per hour beginning in 2021. Retail employees in New York might get a silent night away from work thanks to new employee scheduling regulations proposed by the New York State Labor Department that will limit “just in time” or “on call” scheduling and require additional pay for employees scheduled on short notice.  While California employers may have longer than 8 nights, they don’t have quite a month to prepare for new regulations that will take effect January 1, 2018, which expressly prohibit employers from inquiring about an applicant’s criminal history prior to a conditional offer of employment.

Over on our sister blog, Privacy and Security Matters, Cynthia Larose has just published an article that will be of interest to any employer using or considering using biometric identifiers such as fingerprints, facial recognition, or retina scans in connection with employee identification, access and security protocols. The article discusses the recent rash of class action litigation against employers arising out of Illinois’ biometric privacy law. Read the full blog post here.

On Thursday, October 5, 2017, Mintz Levin will host a webinar entitled “Handling Human Resources Data Under Privacy Shield and the GDPR,” which will address EU laws concerning the transfer of employee personal data to the US and the penalties for getting it wrong, which are set to increase dramatically when the GDPR goes into effect in May 2018.

For more information and to register, please click here.

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the way companies think about wellness. Wearables are the latest in workplace fads and they’ve got the numbers to back it up: sales are likely to hit $4 billion in 2017 and 125 million units are likely to be shipped by 2019. Wearable technology has transformed the workplace just as more and more employers are utilizing wellness programs to improve employee motivation and health.  As the popularity of these technologies soars, so too will concerns around the associated privacy and data security risks.  In this blog post, we discuss just a few of the legal implications for employers who run wellness programs embracing this new fad.

Continue Reading March Fadness: Wearable Tech in the Workplace

We are well into March Madness … and Happy St. Patrick’s Day!

You may have already had your bracket busted by now…..but you should have Mintz Levin’s Third Annual Employment Law Summit on your schedule and the panel on Cybersecurity and Employee Data Breaches may help you avoid a security incident/personal data buster.

Continue Reading Mintz Levin Third Annual Employment Law Summit – Cybersecurity and Employee Data Breaches

Our colleagues over at the Privacy & Security Matters blog wrote a really good piece entitled “It’s Tax Time – Don’t be Phished,” which guides employers on how to avoid phishing scams during this tax season. It’s a must read because the targets of these scams are HR and payroll departments, and employer awareness is necessary not only to protect employees, but also because responding to one of these scam emails constitutes a reportable data breach under state laws.  Employers could have significant liability for failure to provide notice to employees and/or state regulators (where required).

 

From:     Ned Help

To:          Carrie Counselor

Date:      June 1, 2016

Subject:  Lost laptop containing European customer information

Carrie,

A couple of weeks ago, you wrote me about an employee who will be engaging in a six-month temporary assignment around Europe to scope market opportunities.   The employee was Abbie Absent-Minded.  Well, we hit a snag pretty quickly.  Abbie just e-mailed me to say that she left her laptop on a train in London last evening and it hasn’t turned up yet in the train company’s lost-and-found.  It was a brand-new laptop that we had given her for her European assignment, so fortunately it didn’t have a lot on it.  Abbie said that the laptop had contact information for her various marketing prospects, plus some sample customer data that she was given by one of her prospects to use in a demo of our web-based advertising product.  She thinks that the customer data included around 200 records with the customer’s name, age, gender, e-mail address and the history of purchases that the customer made from our prospective client’s retail stores.

I assume that we should tell our prospective client that the laptop with their customer data was lost.  What else do we need to think about?

Thanks,
Ned

Continue Reading Innocents Abroad: My Employee Lost a Laptop With Customer Data

Last week, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule aimed at updating the way it collects data and preventing workplace injuries and illnesses.  The final rule can be broken down into two parts: (1) Electronic Reporting and Data Collection; and (2) and Employee Involvement and Retaliation, each of which we discuss below.

Continue Reading OSHA’s New Electronic Reporting and Retaliation Rules Will Make Your Company’s Workplace Injury Reports Accessible to the Public

From:             Carrie Counselor

To:                  Ned Help

Date:              May 19, 2016

Subject:         RE: Privacy considerations for employees working abroad

Dear Ned,

I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about in terms of privacy.  Great question!  This is an area where many employers struggle because other jurisdictions protect privacy and personal data quite differently than we do here in the United States.

Continue Reading Innocents Abroad: Privacy considerations for employees working abroad