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Lessons From Equifax – Trends on Data Breach of Employee Information

The recent Equifax breach data and public missteps in handling the breach has companies revisiting their cybersecurity measures and refreshing their breach response plans.  Although not every company has consumer data likely to be targeted by hackers, employment files may be compromised, such as when breaches of U.S. government databases exposed the personally identifiable information … Continue Reading

Your Employee is Leaving…. How Do You Safeguard Your Company’s IP?

It is a fact: employees leave.  According to the Bureau of Labor Statistics, the average worker currently holds ten different jobs before age forty.[1]  Because employee transitions are inevitable, businesses must prepare to secure their data when an employee exits the company.  Otherwise employers risk having their information (e.g., customer lists and related information, research … Continue Reading

It’s Not All “High” in the Rockies – Colorado Supreme Court Finds That Employees Can Be Fired For Use of Medical Marijuana

As more states legalize medical marijuana and consider legalization of “recreational” marijuana, many employers have wrestled with the question of whether they can still maintain a drug free workplace or must allow employees to use marijuana at work.  The Colorado Supreme Court just provided the common sense answer we’ve been waiting for:  YES,  employers can … Continue Reading

Clawback Provisions As An Alternative to Traditional Restrictive Covenants

Employers are increasingly using clawback provisions in their employment agreements in lieu of traditional restrictive covenant breach provisions to encourage employees to abide by their restrictive covenant obligations. Kelley Drye litigation partner Robert Steiner and Employee Benefits and Executive Compensation partner Pamela Kaplan authored an article for HR Advisor that discusses the use of clawback … Continue Reading

Germanwings Tragedy Highlights Important Mental Health Considerations for Employers

As more details emerge about the troubled past of First Officer Andreas Lubitz – the co-pilot at the controls of the Germanwings flight that crashed in the French Alps in March – employers worldwide are faced with pressing questions that should bring renewed focus toward their policies regarding identifying and managing mental illness in the … Continue Reading

Be Right The First Time – Employers Must Ensure That Their Policies Describe FMLA Rights Properly In The First Instance

The Sixth Circuit has recently taught us the old lesson that employer policies must be in line with the law on a given point, or else employers risk granting employees rights that they wouldn’t otherwise want to grant, or be required to grant. In Tilley v. Kalamazoo Cnty. Road Comm’n, No. 14-CV-1679, (6th Cir. Jan. … Continue Reading

Finding Employer Can Require Employees to Cooperate in Internal Investigation, Federal Court Tosses Executive Severance Suit

On January 26, the Southern District of New York dismissed claims for severance and stock benefits brought by two former executives of professional services firm Marsh & McLennan Companies, Inc., arising out of their termination for refusal to cooperate with an internal investigation. Marsh terminated the two former executives’ employment when they refused to be … Continue Reading