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March Madness Office Pool = Jail?

March 22nd, 2013 by JBWK

Most workers don’t think twice about completing their brackets and throwing some money in the pot during the annual March Madness office pool. And they probably shouldn’t. But many employers probably don’t know they could wind up in jail–yes, jail–if they get busted. Gambling is illegal in almost every state, and a March Madness pool […]

The “Everything About Me” Folder

March 21st, 2013 by JBWK

In a startling decision a few weeks ago, a Colorado federal judge sanctioned the EEOC for failing to turn over a virtual “Everything About Me” folder for every plaintiff participating in a sexual harassment class-action case. The EEOC, which filed suit on behalf of a class of female employees allegedly harassed by a manager, initially resisted […]

Getting on Board with BYOD

March 20th, 2013 by JBWK

Soaring personal smartphone and tablet use has created a quandary for some human resources departments: when, and under what circumstances, should the company embrace a bring your own device–or BYOD–approach to connectivity. The benefits are obvious. An employee using his or her personal device saves the company money (by not having to provide a phone, […]

Think Twice About Your Severance Agreement

March 1st, 2013 by JBWK

In a probably-common but always-preventable situation, a former Hallmark executive was forced to return her entire $735,000 severance payment after she disclosed Hallmark’s confidential information under a consulting agreement several years after her non-compete expired. When Hallmark eliminated Janet Murley’s job, VP of Marketing, it offered her a fairly generous severance package: $735,000; health insurance; […]

One Size Does Not Fit All

March 1st, 2013 by JBWK

Employment contracts and non-compete agreements are now standard fare in many professions. They certainly serve a good business purpose, but a misguided or poorly drafted agreement can cause headaches down the line. In a recent Forbes column, employment lawyer Richard Tuschman raised a great question: Should you try to draft a non-compete agreement enforceable in […]

Discrimination is Legal

February 28th, 2013 by JBWK

Mostly. People tend to get fired up about discrimination at work. But they all too often get fired up about the wrong kinds of discrimination. It’s perfectly legal for supervisors, human resources managers, and every other level of employee to discriminate based on legal factors. If your boss loves the Redskins, he can axe all of the […]

IRS Mileage Rate Rises in 2013

January 11th, 2013 by JBWK

The IRS has slightly raised its reimbursement rate for mileage–including employees’ mileage in many instances. The new rate is 56.5 cents per mile.

14-Year Sexual Harassment Case Ends

January 11th, 2013 by JBWK

In what was surely a nightmare for everyone involved, the nation’s largest Burger King franchisee has settled a 14-year-long lawsuit brought by the EEOC alleging a pattern of sexual harassment throughout its 572 stores. The case, which began in 1998, expanded to include 90,000 current and former employees. It then got reduced to about 500 […]

High-Tech Spying to Catch Employee Misconduct

January 11th, 2013 by JBWK

A recent NPR article highlights a growing trend in employee surveillance: corporate investigators. Repurposing counterterrorism software, these high-tech investigators are now focusing their sights on corporate workplaces, using pattern and behavior analysis to track down insider trading, embezzlement, or other illicit conduct. The techniques, which may track employees’ emails, phone calls, and other electronic activity, rely […]

Top 5 Posts for 2012

January 4th, 2013 by JBWK

Thanks to each of you for continuing to make Virginia Employment & Benefits Law a success in 2012! Here’s a recap of the 5 most viewed posts during 2012: York Man Fired for Pulling Gun on Robber New Fair Credit Reporting Act Form (odd choice, but hey) Talking Politics at Work A Friendly Office Party Reminder […]

Who Is a Supervisor?

November 30th, 2012 by JBWK

That’s the big question the U.S. Supreme Court will soon answer. It recently heard oral argument on a Title VII case to resolve an unanswered issue: who, exactly, is a “supervisor”? Title VII case law makes the employer responsible for harassment by a plaintiff’s “supervisors,” but there is no clear definition of who’s included in […]

NLRB Okays At-Will Policies

November 6th, 2012 by JBWK

After an unsettling twist involving the National Labor Relations Board questioning standard employment-at-will provisions in employee handbooks, the NLRB’s Associate General Counsel has reined in the issue. Reviewing two at-will policies in employee handbooks–stating that employees’ employment is at will and that no express or implied contractual rights are created by the handbook–the memo says […]

At-Will Clauses: The Next NLRB Battleground?

July 26th, 2012 by JBWK

The NLRB identified employers’ at-will statements within employee handbooks as the next bog enforcement area during remarks at the Connecticut State Bar Association’s annual meeting on June 11, 2012.  In those remarks, the NLRB took the position that provisions asserting that an employee’s at will status can be changed only in a writing signed by […]

Current Fee Disclosure Obligations for Plan Sponsors

July 26th, 2012 by JBWK

As plan sponsors should be aware, the Department of Labor recently issued new fee disclosure rules.  Plan sponsors should have received, by July 1, 2012, the required disclosures from their covered service providers.  The obligation is now on the plan sponsor to take action.  The plan sponsor must review the disclosure to determine whether required […]