I recently discussed the potential for age discrimination in the workplace when companies focus too much on recruitment of young employees. The article argues that by focusing solely on young talent, organizations miss out on the “perspective” and “expertise” that baby boomers can offer customers and fellow employees. “It often manifests itself in what I call lazy language—when somebody says that they want to cultivate a ‘youthful environment’ when what they really mean is a…

Note: This post originally appeared on the Bass, Berry & Sims GovCon Trade blog. Subscribe to that blog for insight on the demanding and ever-changing regulatory environment of contracting with federal, state and local governments, and international trade issues when conducting a global business. On September 27, 2019, Barclays PLC agreed to pay $6.3 million to the Securities and Exchange Commission (SEC) to settle charges that Barclays violated the books and records and internal accounting…

https://vimeo.com/369434728 We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #2: Interview the Complainant. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process. Each video in this series offers practical tips on everything from creating the investigation plan; interviewing relevant…

On October 23, 2019, the Department of Labor (DOL) published a proposed rule that, if finalized in its current form, would make it easier for retirement plan administrators to use electronic media to furnish information to participants and beneficiaries. The proposed rule would create a new, optional safe harbor that permits plan administrators to furnish required disclosures through electronic delivery to participants and beneficiaries with valid email addresses or smartphone numbers, unless the participant or…

I’m excited to be speaking next week at the 2019 MidSouth Employment Law Conference. My session entitled, “Anatomy of an Employment Lawsuit,” will provide attendees with an informative, step-by-step breakdown of the employment lawsuit process, practical guidance for managing litigation, and best practices to foster a company culture which limits the occurrence of such suits and mitigates employer liability. Topics will include discovery issues and HR’s role in preserving electronically stored (ESI) information, settlement consideration,…

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability. The ADA requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is defined as assistance or a change to a position or workplace that accommodates employees with disabilities so they can…

We recognize that many of our readers sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year. If you have questions regarding the information in this checklist, please contact any of the attorneys in our Employee Benefits Practice Group.  …