Julia M. Jordan of Sullivan & Cromwell writes: The U.S. Securities and Exchange Commission’s 2016 Annual Report on its Dodd-Frank Whistleblower Program reflects that 2016 was historic for the program, both in terms of whistleblower activity and enforcement of whistleblower protections.
Kathryn Barcroft, special counsel for Cohen & Gresser, writes: With the growing trend toward legalization of marijuana for both medical and recreational purposes, New York companies should carefully evaluate their workplace policies to adhere to the latest legal developments impacting employees.
James Holahan and Theresa Rusnak of Bond, Schoeneck & King discuss the likely acceleration of state and local regulation and the complexities of devising and administering sound human resource policies across multiple states and municipalities. This challenge will not get any easier as the transition of power continues across the federal government.
Eric J. Felsberg of Jackson Lewis writes: Employers are increasingly using workplace analytics to help streamline their employment processes. Designed and deployed properly, workplace analytics can be a very effective tool for managing the workplace, helping companies optimize their personnel processes resulting in saved time, money, and resources. But before embarking on a workplace analytics initiative, employers must ensure that it is appropriately designed and in compliance with applicable law.
Jonathan Meer of Wilson Elser Moskowitz Edelman & Dicker writes: In cases where there is a variance on how an employer enforces its own policies, questions of fact can be raised that create more challenges for an employer’s defense. Attorneys involved in employment disputes understand that how policies are enforced can make a difference if employment litigation arises in the future.
Jennifer B. Zourigui of Ingram Yuzek Gainen Carroll & Bertolotti presents four topics to discuss with a former employee before commencing litigation: Analyzing and weighing the merits of the claim; realistically considering the costs of an individual litigating against a company; discussing how emails, texts, and social media may be discoverable; and understanding that skeletons in the work closet will come out.