LexisNexis® Legal Newsroom
Are Mediations Really Confidential?

MEDIATION / CONFIDENTIALITY Benes v. A.B. Data, Ltd., 2013 U.S. App. LEXIS 15270 (7th Cir. Wis. July 26, 2013) Are mediations really confidential? The facts as set forth in the opinion are that Benes was an employee who sued his employer after only for four months on the job, alleging sex discrimination...

Williams Mullen: ‘Ban the Box’ Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries

By D. Earl Baggett and J. Nelson Wilkinson On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for attorney’s fees if they attempt to...

Social Media Blunders in Employment Law – How a Facebook Post Can Turn a Case Upside Down

Social media has forever changed how the world communicates. While many have cited the positive consequences of social media, employment law attorneys are discovering that a simple Facebook post can turn into a costly mistake. The latest social media blunder occurred in an age discrimination case...

Williams Mullen: ‘You Can’t Bend It That Way, Beckham’: Federal Court Dismisses Plaintiff’s Attempted Claims For Equitable Relief

By Mark S. Thomas and Robert W. Shaw Following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866 (2011) [ enhanced opinion available to lexis.com subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ] , the federal courts have wrestled with...

Employment Law BELIEVE IT OR NOT!

Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before , “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine...

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

By Thomas L. Shriner Jr. Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories , addressing what Judge Bennett perceived as abusive discovery conduct in a case...

HHS Issues Alteration To ACA Contraceptive Mandate Accommodation Rule

WASHINGTON, D.C. — (Mealey’s) Eligible employers opposed to Patient Protection and Affordable Care Act (ACA) provisions mandating insurance coverage for contraceptives may notify the U.S. Department of Health and Human Services (HHS), which will in turn notify the employer’s insurer...

Employment-Related Bills Pending Signature By California Governor

The California Legislature has passed the following notable labor and employment bills, which are now awaiting approval or veto by Governor Brown: AB 1897 – This bill would expand liability for a contractor’s wage and hour violations to make the hirer of the contractor jointly liable for...

5 Legal Traps for the Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers: Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed...

Employment Law Advice You Should Never Follow

Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer. “Never give in on unemployment.” This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively...

Start Off the Year With Both Reflection and Resolution

by Allison B. Williams If you are like me, the changing of the calendar year is often a time to reflect on the past year and to set resolutions for the coming one. Not only is this a perfect opportunity to work on personal growth, but also to work on how you manage your relationships with your employees...

Colorado Supreme Court Upholds Employers’ Rights To Fire Employees For Medical Marijuana Use

2015 CO 44; 2015 Colo. LEXIS 520 An employee of DISH Network was discharged after he testified positive for THC during a random drug test. The employee was a quadriplegic confined to a wheelchair and obtained a state-issued license to use medical marijuana to treat painful muscle spasms caused by...