UK Information Commissioner Publishes New Guidance on Employee Monitoring

Quick Hits Employer monitoring of workers must be carried out in a way that is lawful and fair to the workforce so as not to infringe on the rights of data subjects, the UK Information Commissioner’s Office said in updated guidance. In order to lawfully collect and process information from monitoring workers, employers must identify one of the six lawful bases under the UK GDPR: consent, contractual basis, legal obligation,…

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Survey – The U.S. Government Wants Your Employment Data – Key Considerations

Total U.S. retail sales in June 2023 were down 1.2 percent from June 2022, according to data the U.S. Census Bureau released in September. In July 2023, a U.S. Bureau of Labor Statistics (BLS) release showed compensation costs for civilian workers increased 1.0 percent for the three-month period ending in June 2023. Have you ever wondered where government agencies get such numbers? These agencies collect data, not only about people…

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IRS Moratorium on New Employee Retention Tax Credit Processing

On September 14, 2023, the Internal Revenue Service (IRS) released Employee Retention Credit (ERC) guidance placing a moratorium on processing new ERC claims due to a surge in questionable claim submissions. Claims already submitted will continue to be processed, but at a slower rate due to detailed compliance reviews. The guidance included a caution about using entities that aggressively market and promote the submission of ineligible ERC claims, explained the…

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NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door for unions to hold employers hostage by dragging out collective bargaining. Quick Hits Management rights clauses that do not explicitly state they survive contract expiration will not survive contract expiration and cannot be…

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Complying With Hazing Prevention, Training, and Reporting Requirements

University athletic administrators all across the country are welcoming back their athletes for the 2023–2024 athletic season. Athletes and coaches alike will meet with compliance administrators for a refresher on National Collegiate Athletic Association (NCAA) bylaws, nutritionists to discuss proper nutrition, and even media relations staff to discuss media obligations. What sometimes can be forgotten in the hustle and bustle of college athletics—and the desire to get to the practice…

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Whistleblowers and Trade Secrets: Does the DTSA Protect Confidential Data?

  Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the employer learns they have sent themselves numerous confidential communications containing trade secret information? What about when an employee later attempts to introduce those documents as evidence in a subsequent whistleblower lawsuit? Unfortunately, employers often have limited options in…

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