What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

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Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a university’s affirmative action plan — specifically, its consideration of prospective students’ races in its admissions process. That issue could have significant implications for employers, considering that many companies, including government contractors and subcontractors with 50 or more employees, are required to develop and use an affirmative action plan in their normal hiring practices. Continue reading this entry

EEOC's Select Task Force Study of Harassment Provides Robust Training Guidance

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Last month the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a long-awaited report. That report is a four-part, 88-page document — meaning digesting the report is a hefty task. Fortunately, the Task Force also issued an Executive Summary that provides an excellent overview and makes wading through the findings of the study far more manageable. Continue reading this entry

Employee Error Accounts for Most Security Breaches

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A recent study by a well-known information security company captures one of the most common information security fallacies: that information security is a technology problem. Most businesses view mitigating information security risks as falling squarely in the purview of their information technology department. However, this study reports that human error actually accounted for nearly two-thirds of security compromises, far exceeding causes like insecure websites and hacking.1 While technological measures (such as anti-virus software, access controls, firewalls, and intrusion detection systems) are clearly important, their effectiveness pales in comparison to the benefits gained by effective security awareness training. Continue reading this entry

Recent Developments Again Call for Timely Review of Restrictive Covenants

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We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for frequent legal developments. Four such recent developments once again suggest that a review, and most likely revision, of your confidentiality, trade secret, and non-competition agreements would be a timely and appropriate exercise to undertake. Continue reading this entry

New USCIS Policy Decision Broadens Permissible Bases for Visa Transfer of Multinational Managers

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After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office (AAO) decision. That AAO decision broadened the type of evidence a U.S. employer may cite in support of an L-1A intracompany transfer visa, which is used by U.S.-based entities that seek to transfer employment of a manager or executive from a foreign-based affiliate. Continue reading this entry