Recent Blog Posts

  • Our colleague Daniel J. Green, an Associate at Epstein Becker Green, has a post on the Trade Secrets & Noncompete Blog that will be of interest to many of our readers in the technology industry: “Aggressive New Antitrust Guidance for Human Resources Professionals Threatens Criminal Prosecution for Certain Unlawful Wage Fixing and No Poaching Agreements” Following up on a string of civil enforcement actions and employee antitrust suits, regarding no-poaching agreements in the technology industry, on October 20, 2016 the Department of Justice (“DOJ”)... More
  • How, and to what extent, should “big data” analytics play a role in workforce recruitment, development, and retention?  These were some of the questions asked on October 13, 2016  at a meeting convened by the U.S. Equal Employment Opportunity Commission on the use of big data analytics in the workplace.  Based on the exchange with the panel of seven experts, it is clear that the EEOC is cautiously approaching companies’ use of big data in informing employment decisions, and is... More
  • When: Tuesday, October 18, 2016 8:00 a.m. – 4:00 p.m. Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019 Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including: Latest Developments from the NLRB Attracting and Retaining a Diverse Workforce ADA Website Compliance Trade Secrets and Non-Competes Managing and Administering Leave Policies New Overtime Rules Workplace Violence and Active-Shooter Situations Recordings in the Workplace Instilling Corporate Ethics This year, we welcome Marc Freedman and Jim Plunkett from the... More
  • By Michelle Capezza (Member of the Firm, Epstein Becker Green) and Howard Gerver (President, ACA Managed Services) As employers prepare the Affordable Care Act information reporting filings for the 2016 year that will be due in 2017 (notably the 1094/1095 B&C), the good faith standard of compliance, and the potential for inaccuracies, is no longer available.  In order to seek a waiver of penalties for the 2016 filings made in 2017, an employer will need to meet a standard of reasonable... More
  • On August 31, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule which, if adopted in its present form, would ease the ability of foreign national (FN) entrepreneurs to temporarily enter the United States to invest in and grow start-up businesses.  At the present time, there is no temporary visa classification that permits FNs to make significant investments in new or growing businesses and then remain here to manage them.  In announcing this proposed rule, DHS indicated... More
  • In August 2015, the National Labor Relations Board (“Board”) issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), adopting a new standard for determining whether a company is a joint employer and therefore subject to all of an employer’s legal obligations under the NLRA with respect to the employees of another employer that provides it with services, leased or temporary labor, or the like. Since then, there have been many dire predictions as to how... More
  • For years, companies have been struggling to understand the multitude of locations where their data resides. From traditional employment files with embedded Social Security numbers, to new-aged hiring software with videos of job applicants, and enterprise software used to facilitate employee communications, controlling employee, customer, and corporate data is, to say the least, a logistical challenge. One of the newest entries into the mix is the increased use of ShadowIT and cloud-based storage systems. ShadowIT involves workers’ use of unsanctioned products... More
  • Throughout 2016, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) has been examining initiatives to identify and attempt to rectify a perceived lack of diversity in the workplace. The EEOC has, in particular, identified the technology industry as an area where significant strides can be made to create a more diverse workforce. Following a May 18, 2016, public meeting on diversity in the technology industry, the EEOC issued a “Diversity in High Tech” report (“Report”) summarizing research on the lack of... More
  • In recent years, the use of wearable devices, such as smartwatches and Fitbits, has gained popularity not only with the general public and consumers but also among employers as a way to encourage workers to maintain healthier habits and, in turn, help reduce health care costs. Increasingly, companies are distributing wearable devices to employees as part of workplace wellness programs. According to one estimate, nearly half of employers that have a workplace wellness program use fitness trackers.[1] This trend shows... More
  • Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the technology industry: “Can Your Corporate Social Responsibility Policy Make You a Joint-Employer With Your Suppliers? The NLRB May Find That It Does” Following is an excerpt: The National Labor Relations Board (NLRB or Board), which continues to apply an ever expanding standard for determining whether a company that contracts... More