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Antitrust Division to Criminally Prosecute No Poaching Agreements

February 9, 2018

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Antitrust Division to Criminally Prosecute No Poaching Agreements

February 9, 2018

Authored by: Bryan Cave At Work

The DOJ has indicated that it intends to prosecute companies that have entered into no-poaching agreements, an activity that has previously only been subject to civil enforcement. No-poaching agreements are arrangements between companies to not solicit or hire each other’s employees. Companies engaged in this conduct do not have to compete for customers to be susceptible to government scrutiny; they only need to compete for the same employees.

Our Antitrust practice group has recently written a client alert on this topic. Click here to read the full alert.

2018 In-House Counsel Guide to Data Privacy and Security – Now Available

2018 In-House Counsel Guide to Data Privacy and Security – Now Available

January 30, 2018

Authored by: Bryan Cave At Work

Bryan Cave is proud to present the third version of our in-house counsel’s guide to data privacy and security. The guide provides an overview of laws relevant to a variety of data matters topics, statistics that illustrate data privacy and security issues, and a breakdown of these data-related issues. It covers a range of privacy and security issues that apply in the HR context.

Click Here to download a copy of this new guide.

Freer authors article on social networking and sexual harassment in the workplace

January 22, 2018

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London Partner Gary Freer, head of Bryan Cave’s UK Employment Team, authored an article featured Jan. 18 in Personnel Today examining the impact of digital technology, such as professional social networks, on sexual harassment in the workplace. “Even if a statement is made anonymously – under cover of a username – if it is likely to have been made by an employee (as, in these networks, will almost always be the case) the employer will be held liable unless it can establish its statutory defence,” Freer explained. Read the full article here.

Starting Up – Set Up Part 3

September 11, 2017

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Starting Up – Set Up Part 3

September 11, 2017

Authored by: Bryan Cave At Work

Part One of this series focused on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires. In Part Two, we dove into drafting job descriptions and their use in determining whether a position should be classified as exempt or non-exempt under federal and local wage and hour laws. In Part Three, the final post in this three-part series, we’re examining the specifics involved in extending an employment offer. Whether it’s your first time or your twenty-first time, making a job offer is exciting−you’ve finally found your ideal candidate and are looking forward to a bright future together!  But the start of the employment relationship also starts the clock on a number of employer obligations and opportunities.

For example, certain states require employers to provide their employees with written notice of certain job-specific information at the

Starting Up – Set Up Part 2

September 4, 2017

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Starting Up – Set Up Part 2

September 4, 2017

Authored by: Bryan Cave At Work

This three-part series highlights the steps startups should take before hiring their first employee. Part One of this series focused on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires. In this Part Two, we’re diving into drafting job descriptions and their use in determining whether a position should be classified as exempt or non-exempt under federal and local wage and hour laws.

A well-drafted job description provides employees and employers alike with a wealth of information, including the necessary qualifications, responsibilities, and pay rate of the relevant position.  The drafting alone is a great exercise for small companies to think about how they want to distribute their work.  Job descriptions can also serve the basis for – and later support – the classification of a position as exempt under wage and hour laws.

The federal Fair

Starting Up – Set Up Part 1

Starting Up – Set Up Part 1

August 28, 2017

Authored by: Bryan Cave At Work

So you’ve decided to take your company to the next level by expanding your staff.  Great!  But being an “Employer” under the law is more than just a title, so before you extend your first offer, make sure your startup is set up for success.  Part One of this three-part series will focus on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires.

First, the Internal Revenue Service (“IRS”) requires every employer to have an employment identification number (“EIN”).  An EIN, sometimes referred to as a Federal Tax Identification Number, is required to report business and employee tax information.  As such, any new employer’s first task should be to obtain an EIN. After applying for a federal EIN, new employers should confirm whether the state in which they conduct business also requires employers to obtain local EINs. 

Alambret Authors Column for l’Opinion on the Government’s choice of reforming the Labor Code through ordinances

François Alambret, Counsel at Bryan Cave, wrote an opinion column regarding the bill allowing the government to change the labor code using executive orders that has been adopted by the French government (“Conseil des ministres”) on June 28th and which was voted on by the Parliament at the end of July. In this opinion column, François mentions the legal and political impact of such a bill that has been listed as one of the top priorities of the French President, Emmanuel Macron.

Here is a link to the article: http://www.lopinion.fr/blog/relais-d-opinion/choix-gouvernement-d-reforme-code-travail-voie-d-ordonnaces-130590

Bryan Cave LLP has a team of knowledgeable lawyers and other professionals prepared to help French employers navigate labor codes. If you or your organization would like more information on this or any other employment issue, please contact an attorney in the Labor and Employment practice group.

Supreme Court Will Review Scope of Dodd-Frank Whistleblower Protections for Internal Reports

Bryan Cave’s White Collar Defense and Investigations practice recently published a Client Alert regarding the Supreme Court’s decision to review the scope of the Dodd-Frank whistleblower protections of employees who blow the whistle on their employers by reporting alleged misconduct internally rather than to the SEC.

Follow the link below to read more.

https://www.bryancave.com/en/thought-leadership/supreme-court-will-review-scope-of-dodd-frank-whistleblower.html

 

New York City Follows Trend in Predictable Scheduling Law

New York City Follows Trend in Predictable Scheduling Law

June 27, 2017

Authored by: Bryan Cave At Work

Bryan Cave’s Retail practice recently published a Client Alert: New York City Follows Trend in Predictable Scheduling Law.  The Alert highlights New York City’s new scheduling law for retail employers and discusses the impact of similar laws in other major cities. Follow the link below to read more.

https://www.bryancave.com/en/thought-leadership/new-york-city-follows-trend-in-predictable-scheduling-law.html

 

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