Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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Three Considerations for Using Big Data in Hiring Decisions

Three Considerations for Using Big Data in Hiring Decisions

By Gillian McKean Bidgood

With job candidates posting extensive information on social media and other information available on the Internet, technologists are developing ways to mine and use that data in the hiring process. This field (sometimes referred to as “people analytics”) is marketed as full of promise, including the possibility of identifying unrealized potential, increasing diversity, reducing turnover, improving employee satisfaction, and improving the company and individual performance. However, for employers inclined to embrace people analytics, there are a number of employment law-related issues to consider.

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5 Tips for Handling Employee Secret Recordings

5 Tips for Handling Employee Secret Recordings

By Anne E. Baggott

Employees’ secret workplace recordings are nothing new to many employers, but a recent, high-profile settlement may tempt employees to record their employers more often. In early September 2016, Fox News settled sexual harassment and retaliation claims of former anchor Gretchen Carlson for $20 million. Carlson had secretly taped the network’s CEO and President Roger Ailes for more than a year.

Employers should assume their employees are recording them in the workplace and act accordingly. The proliferation of smartphones with built-in recorders has made audio recordings possible at virtually all times. Most states allow one-party consent for recordings, which is accomplished when the party doing the recording knows they are recording, and therefore “consents.”

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Pokémon Go: While Employees are Out “Catching ‘em all,” Who is Watching Your Proprietary Information?

Pokémon Go: While Employees are Out “Catching ‘em all,” Who is Watching Your Proprietary Information?

By: Lilian Davis

On July 6, 2016, Pokémon Go was released in the United States. Almost overnight, the location-based, augmented reality game became a national, if not global, phenomenon. You cannot turn on the television, listen to the radio, read news headlines, or even walk out your front door without hearing about the game or seeing individuals using their smartphones and tablets to “find” and “capture” digital creatures that virtually appear at specific locations.

While Pokémon Go may sound like a harmless, albeit distracting, “video game,” it poses a risk to cyber security and raises concerns about data vulnerability in company databases and systems.

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When Employees Market Passwords for Profit: Four Business Security Challenges and Strategies to Combat Them

When Employees Market Passwords for Profit: Four Business Security Challenges and Strategies to Combat Them

By Jay M. Dade

Employees are developing a new, alternative income market, and it poses a direct security threat to employers. A recent Sailpoint survey found 20% of employees, or 1 in every 5, would sell their work-related passwords to an outsider. This is up from 1 in 7 a year ago.

SailPoint, an identity and access management provider, surveyed 1,000 private office workers and found, among those willing to sell their company passwords, a striking 44% would sell for less than $1,000. Another IT and security challenge for employers: 26% admitted to uploading sensitive information to cloud apps with the specific intent to share data outside their companies.

The troublesome news doesn’t stop there: 65% admitted using a single password among applications, and 33% reportedly shared passwords with co-workers. One-third of respondents admitted to purchasing subscription-based, on-demand software for company computers without their IT department’s knowledge. Finally, brace yourselves employers; more than 40% reported having access to a former employers’ corporate accounts.

These, and other, security challenges keep employer IT managers awake at night and can cause some to break out in cold sweats. So, how can employers fight back? Let’s review four employer security challenges, and strategies to combat them.

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3 Tips to Proper Wage Withholdings Under the Kansas Wage Payment Act

3 Tips to Proper Wage Withholdings Under the Kansas Wage Payment Act

By Anne E. Baggott

Employers with Kansas operations should be familiar with the 2013 amendments to the wage withholding and deduction provision of the Kansas Wage Payment Act (KWPA). The amendments added two new subsections to expand when employers may withhold or deduct wages. The amendments were intended to allow more discretion to withhold or deduct wages for more reasons. However, the imprecise drafting of the amendments, coupled with Kansas Department of Labor (KDOL) regulations that have not been updated, have left several open questions. Here are three practical tips to consider.

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