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Workforce Data and Technology

Global employers increasingly purchase and rely on technology to manage their workforces and nearly all of their personnel functions. These new generations of human resources software and digital workplace innovations are revolutionizing how companies operate.

THE FUTURE OF EMPLOYMENT LAW IS HERE

Now is the time for employers to learn how to harness workforce data and technologies to their maximum advantage. With proper legal counseling, companies can use these technologies to proactively identify and fix emerging compliance issues in real-time—before getting hit with a high-stakes discrimination or wage-hour class action lawsuit; before the next DOL, EEOC, or OFCCP enforcement action is launched; and before the company’s trade secrets are lost or stolen.

A FIRST-OF-ITS-KIND INTERDISCIPLINARY PRACTICE

  • We help employers optimally leverage all of their personnel data and workforce technologies—making them an ally instead of an enemy in the realms of employment law compliance and litigation.
  • Our first-of-its-kind interdisciplinary practice brings together our expertise in employment law, technology, e-discovery, data privacy, and the synergies between these areas.
  • We deliver cohesive, coordinated, and innovative client service as technology continues to change at a rapid pace, transforming the future of employment law.
  • Our team has advised some of the world’s largest employers on ways they can use technology to build state-of-the-art compliant personnel practices, beat litigation, protect their trade secrets, and implement policies and practices that help identify and resolve problems early on—well before they can breed real trouble.

HELPING EMPLOYERS LEVERAGE WORKFORCE TECHNOLOGIES

  • Product Selection and Vendor Contracts: We provide multi-jurisdictional compliance advice to employers that are in the process of selecting human resources software applications and integrating them within their existing systems infrastructure.
  • Design and Content Structure: We collaborate with company HR and IT professionals in reviewing the proposed content and flow of their personnel software systems and deliver practical compliance advice aimed at maximizing system utility while at the same time minimizing the creation of resulting “bad evidence.”
  • System Implementation and Training: We develop legal compliance trainings that are custom-tailored to the particular human resources software system − and company − at issue.
  • Compliance Audits and Monitoring: We recommend that companies build, and provide legal advice to companies who are building, the reporting tools that they will need to audit their human resource data systems for compliance with company policies. We counsel them on best practices for developing internal reporting protocols and implementing ongoing monitoring regimes that proactively identify emerging compliance issues.
  • Diagnostic Preventive Risk Analysis: We conduct privileged statistical and other diagnostic inquiries into our clients’ personnel data and systems to inform them of potential exposure to class-based claims and other legal risks.
  • Policy Design and Implementation: We review and develop a wide array of policies that address compliant use of new and existing human resource software applications, delineate “BYOD” guidelines and other digital device usage protocols, outline expectations of employees with regard to social media use and other online activities, and more.
  • Global Data Privacy and Security: We provide counseling to companies to help them stay ahead of data privacy developments around the world and design state-of-the-art compliance strategies. We assist companies with Safe Harbor certification and compliance, establishing binding corporate rules and other mechanisms that facilitate the lawful international transfer of employee and customer information.
  • Protection of Trade Secrets and Confidential Information: We advise companies on ways that they can adopt and use workforce data and technologies to help protect – and not unwittingly compromise – their confidential business information and trade secrets.
  • Reasonable Accommodations to Qualified Individuals with Disabilities: We counsel employers on their legal obligations and options when determining whether and how they can use existing and emerging robotics and IT assistive technology to provide reasonable accommodations.
  • E-Discovery and Litigation: We provide counsel on, and efficiently manage, all stages of the e-discovery cycle. We use our knowledge of a wide range of human resources software applications to find crucial evidentiary “nuggets” and craft innovative statistical analyses that we use to dismantle wage and hour and EEO claims or, at the very least, achieve settlements for pennies on the dollar.

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