EEOC Comes to Defense of “Overqualified” Job Applicant
In a federal lawsuit filed on December 10, 2012, the Equal Employment Opportunity Commission (EEOC) charged Bay State Milling, a major U.S. flour and grain producer, with violating the Age Discrimination in Employment Act. The EEOC alleges Bay State Milling’s plant manager told Gary Legore, a 52-year-old male, that he would not be hired for a miller position because the manager was seeking a “younger” person he could “groom.”
Small Businesses Vulnerable to Cyber Threats
A recent survey conducted by the National Cyber Security Alliance and Symantec, a computer security software provider, reveals that many small and medium-size businesses (SMBs) in the U.S. are inadequately prepared to deal with threats to cyber security. Out of 1,015 SMBs surveyed, 77% of owners believed cyber threats posed no risk to their company, while 83% did not have a formal plan in place to address such threats. Furthermore, 59% of SMBs did not have a contingency plan in place to deal with data loss from a cyber attack.
New U.S. Antitrust Chief Expected To Continue "Aggressive Enforcement"
Last week the Senate confirmed William Baer as the new chief of the Department of Justice's Antitrust Division. Baer, formerly a prominent antitrust lawyer at the law firm of Arnold & Porter, also served as director of the Competition Bureau of the Federal Trade Commission in the 1990s.
Michigan's Right-to-Work Laws Likely to Have Big Effect
Two new pieces of legislation – swiftly passed and taking many by surprise – made Michigan the 24th state to enact right to work laws. These new laws require that payment of union dues must be voluntary and that union membership must not be made a condition of employment.
Regulating Employee Use of Social Media
It is becoming more difficult for employers to control use of social media by employees, while at the same time it is increasingly important for every company to educate employees in the appropriate use of social media. Three states have introduced legislation limiting an employer’s ability to access employees’ social-media accounts.
Lawsuit Seeks Overtime Pay for Store Managers
You can't have it both ways. That's the message that an employees' attorney hopes to send in a $25 million lawsuit against the workers’ employer, a retail clothing company. The lawsuit alleges violations of overtime-pay laws, claiming that the company required its store managers to work a minimum of 45 hours per week without paying them for overtime, while simultaneously paying them hourly wages instead of salaries.
10 Tips for Avoiding Liability at the Holiday Party
Holiday parties are occasions where employees get to have fun and let loose after working hard all year. However, employees need to be aware that company policies remain in effect — even at off-site locations — and violations can subject the company and the individuals involved to disciplinary action and/or legal trouble.
SEC Sets Sights on Netflix after Questionable Tweet
Back in July, Reed Hastings, the CEO of Netflix, tweeted: “Netflix monthly viewing exceeded 1 billion hours for the first time ever in June.” While this might seem like an innocent posting on a social-media website, the Securities and Exchange Commission (SEC) believes it may have violated Regulation FD, which requires public companies to disclose material, nonpublic information to all investors when that information is given to securities market professionals and shareholders. Prior to Regulation FD, companies would slowly leak out information to select analysts in order to keep a degree of confidentiality.
EEOC Scores Settlement in Pregnancy Discrimination Case
On November 28, 2012, the Equal Employment Opportunity Commission (EEOC) announced that it reached a settlement in a discrimination lawsuit it brought against an Arizona restaurant. The EEOC alleged that West Sand, LLC, dba Sandbar Mexican Grill discriminated against a pregnant employee by refusing to let her work Sunday shifts during football season. The EEOC argued that West Sand had a policy of denying such shifts to pregnant employees because it believed its male customers did not want to see pregnant women while watching football games.
Insider Misconduct Remains Leading Cause of Data Theft
According to the Global Fraud Report issued by Kroll Advisory Services, a company is more likely to be a victim of fraud through data theft than embezzlement. Most often, it’s a company’s own employees — and not computer hackers — who are to blame. Of all companies that have suffered an incident of fraud in the past year, 67% cite an insider as one of the main perpetrators. That percentage is up from 60% in 2011 and 55% in 2010.
