LEGAL
A month dedicated to employment & human resources
Regardless of the industry or size of organization, every company has employees, and therefore, employee-related issues and concerns. Corporate counsel must stay abreast of broad employment and human resources laws as well as some narrow and specific issues like employee use of social media, Fair Credit Reporting Act (FCRA) concerns, working with unions, and much more. Speaking of employment, we start on this month's issue with some sage advice on how to advance your own career development in-house. Also be sure to check out the Westlaw® Corporate Twitter® feed and the Legal Solutions Corporate Counsel blog for more in-depth articles and information on this topic.
A professional recruiter's perspective on laying groundwork to becoming a general counsel
Although there is no prescribed or set path to the general counsel (GC) role, there are proactive steps you can take to get to the ultimate seat. You're already off to a good start if you're mindful of your career trajectory and have the intention, curiosity, and motivation to make the GC role a professional reality.
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Social media: What to do with TMI?
With Twitter's debut on the stock market less than a year ago, the continuing expansion of Facebook® and LinkedIn®, and the rise of Vine, Snapchat, and Instagram, what we suspected is true – social media is not going anywhere. Social media undoubtedly serves as a rich source of information for employers. However, ultimately the guidance provided on social media boils down to the truth that employers can and should use social media to their advantage without crossing the line.
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State of the unions: Is your company vulnerable to a union campaign?
The percentage of unionized workers in the private sector is down, but employers should not count the unions out. Recent NLRB decisions promoting unionization have revitalized recruitment tactics resulting in more strategic and sophisticated organizing campaigns. Anticipating issues that a union will likely raise is the best preventative measure employers can take to maintain control of their workplace.
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Managing employee relations in the digital environment
In a highly active digital work environment, companies and other organizations must develop policies, practices, and procedures that support effective management of employee use of advanced computing and communications technologies in the workplace. Failure to manage employee use of those technologies effectively can result in significantly higher business risks and costs.
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Keeping pace with change: A discussion with ACC's general counsel
Technology, increased regulations, and globalization are all speeding up the pace of change in the legal industry. Keeping up is a constant challenge, but imperative for any corporate counsel. And that's where the Association of Corporate Counsel comes in. ACC's General Counsel, Jim Merklinger, speaks on some of the biggest trends affecting corporate legal departments, what ACC has to offer regarding this month's topic of employment, and what to expect at this year's Annual Meeting.
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The swelling tide of fair credit reporting act (FCRA) class actions: Practical risk-mitigating measures for employers
The swelling tide of class-action litigation against employers under the Fair Credit Reporting Act (FCRA) is unmistakable. It cuts across all industries, including retailers, restaurant chains, theater chains, manufacturers, financial institutions and transportation companies. These lawsuits can be frustrating for employers because typically they allege hyper-technical noncompliance with the FCRA.
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What last month's NLRB ruling means for your company's social media policy
Last month, the NLRB decided that several Facebook posts and one "Like" by employees disparaging the employer were protected under the NLRA, and subsequently reversed the employees' terminations that were the result of those acts. This article will discuss one aspect of the case: the employer's social media policy, which was held to be unlawful by the Board in the same ruling.
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Attorney-client privilege in internal investigations; FLSA learned professional exemption; premium tax credits for health insurance exchanges
Before your internal investigations, you should take steps to maximize the attorney-client privilege protection in light of a recent DC Circuit decision. Plus the recent Second Circuit decision that clarifies for employers the application of the FLSA's learned professional exemption to entry-level professionals. And the two conflicting circuit court decisions regarding whether premium tax credits are available to individuals who purchase coverage on the federally facilitated health insurance exchanges.
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Top 10 retirement plan issues in mergers & acquisitions
Companies that are parties to a corporate merger or acquisition must consider legal and practical issues under the Internal Revenue Code and ERISA relating to the qualified retirement plans involved in the transaction. Significant liabilities on both the buyer and seller side of a transaction can result if the parties do not take specific steps. Here are the top 10 legal and practical issues that should be considered in dealing with qualified retirement plans in mergers and acquisitions.
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