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Labor & Employment

Handling I-9 Investigations By Government AgenciesPosted on 09-27-2017

By: Jacob T. Muklewicz —Kirton McConkie This article provides guidance on responding to an investigation (i.e., an audit) by a government agency of an employer’s I-9 records. The article mainly focuses on the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement... Read More

Current Updates and Legal Developments - Fall 2017Posted on 09-27-2017

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7 RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination on account of an individual’s sexual orientation... Read More

Strategies for Bringing Counterclaims or Separate Lawsuits Against Plaintiff EmployeesPosted on 06-07-2017

By: Daniel A. Kaplan , FOLEY & LARDNER LLP This article provides guidance to employers on bringing counterclaims or separate lawsuits against plaintiff employees who have initiated claims against the employer. Employers and their attorneys are usually well versed in the types of claims that employees... Read More

U.S. Patent Office Launches PTAB Procedural Reform Initiative - Practice News, Summer 2017Posted on 06-07-2017

THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) With the enactment of the America Invents Act in 2011, the PTAB was charged with conducting proceedings to address challenges to existing patents. Those proceedings “have significantly changed the patent landscape by providing a faster, cost... Read More

Guidance for Employers on Navigating Paid Sick Leave LawsPosted on 04-12-2017

This chart summarizes state paid sick leave laws and notes which states do not have such laws. It does not discuss municipal ordinances but does indicate local governments that do have such laws where there is no statewide law. This chart is intended for private employers. Note also that while no... Read More

Drafting Paid Sick Leave PoliciesPosted on 04-12-2017

While no federal statute requires that employers provide paid sick leave for employees, Executive Order 13706 mandates that, effective January 1, 2017, covered federal contractors give employees up to seven days of paid sick leave each year. See 80 FR 54697 . It remains to be seen if the Trump Administration... Read More

Examining Harassment ClaimsPosted on 04-12-2017

By: Richard D. Glovsky , Locke Lord LLP. THIS ARTICLE ADDRESSES PROTECTED STATUS HARASSMENT issues, a subset of discrimination claims that arise where an employee alleges that he or she was subjected to unwelcome conduct in the workplace due to the employee’s protected status (race, sex/gender... Read More

Current Updates and Legal DevelopmentsPosted on 04-12-2017

HHS AGENCY PROPOSES RULE TO STABILIZE INSURANCE MARKETPLACE THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) issued a proposed rule aimed at stabilizing individual and small group health insurance markets in anticipation of Congress’ possible repeal and replacement of the Affordable Care... Read More

The Impact of “Cash-in-Lieu of Benefits” Payments to Employees on Overtime Compensation CalculationsPosted on 02-09-2017

By: Zach P. Hutton and Justin M. Scott , Paul Hastings. Introduction In Flores v. City of San Gabriel , 1 the Ninth Circuit Court of Appeals considered an issue of first impression: whether “cash-inlieu of benefits” payments made directly to employees under a flexible benefits plan... Read More

Best Practices to Reduce Litigation Risks When Hiring From A CompetitorPosted on 02-09-2017

By: Michael P. Pappas , Michael P. Pappas Law Firm, P.C. This article discusses ways to reduce the risk of litigation when hiring someone away from a competitor. Litigation involving trade secrets, non-compete agreements, and other postemployment restrictive covenants has grown exponentially, roughly... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Winter 2017Posted on 02-09-2017

FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District of Texas preliminarily enjoining implementation... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Fall 2016Posted on 09-13-2016

STUDY ON INJECTION WELL INDUCED EARTHQUAKES THE U.S. GEOLOGICAL SURVEY (USGS) RECENTLY released its short-term forecast for seismic activity. For the first time, it includes a discussion of “Induced Earthquakes.” The study, which comes after a significant hike in the incidence of earthquakes... Read More

Understanding Financial Disclosure of Persuader ActivitiesPosted on 09-13-2016

By: Pete Lareau . THIS ARTICLE ADDRESSES THE PERSUADER REPORTING RULES under the Labor-Management Reporting and Disclosure Act (LMRDA). 1 For many years, the U.S. Department of Labor (DOL) had almost always maintained that an outside counsel’s creation or review of written content that formed... Read More

Examining the Duty to Provide Religious AccommodationsPosted on 09-13-2016

By: Peter T. Shapiro , Lewis Brisbois Bisgaard & Smith LLP. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on an individual’s religion, and also requires employers to furnish reasonable accommodations for an individual’s religious practices or... Read More

EEOC'S Final Rules on Wellness ProgramsPosted on 09-13-2016

By: Jonathan R. Mook , DiMuroGinsberg, P.C. Given concerns over rising health care costs and missed workdays by employees suffering from various illnesses, many employers have implemented employee wellness programs and activities to promote healthier lifestyles or to prevent disease with the expectation... Read More

The Developing Law of LGBT Protections under Title VIIPosted on 06-03-2016

By: Darrell R. VanDeusen and Alexander P. Berg , Kollman & Saucier The rights of lesbian, gay, bisexual, and transgender (LGBT) individuals remain a hot topic in the American workplace. Protection under federal anti-discrimination laws has proved elusive over the years. While terms like sex, gender... Read More

Understanding & Drafting Internship AgreementsPosted on 06-03-2016

By: Julie Capell , Winston & Strawn LLP This article discusses how to draft effective internship agreements that comply with the U.S. Department of Labor’s (DOL’s) regulations concerning unpaid internships, as well as recent court decisions applying a new test concerning unpaid internships... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Summer 2016Posted on 06-03-2016

SEVENTEEN STATE “NEW ENERGY FUTURE” COALITION FORMED GOVERNOR ANDREW M. CUOMO AND 16 OTHER GOVERNORS signed the Governors’ Accord for a New Energy Future. The accord describes six shared goals, diversification of energy generation and expansion of clean energy sources, modernization... Read More

Employee GPS Tracking: There's an App for ThatPosted on 03-11-2016

By: Courtney King, Ice Miller LEXIS PRACTICE ADVISOR RESEARCH PATH: Labor & Employment > Privacy, Technology, and Social Media > Monitoring and Testing Employees > Articles > Video and Audio Surveillance and Eavesdropping of Employees Utilizing global positioning system tracking... Read More

Understanding, Drafting, and Negotiating Independent Contractor AgreementsPosted on 03-11-2016

By: Jeffrey Bosley , Davis Wright Tremaine LLP LEXIS PRACTICE ADVISOR RESEARCH PATH: Labor & Employment > Independent Contractors > Agreements and Restrictive Covenants > Practice Notes > Independent Contractor and Consulting Agreements An effective independent contractor agreement... Read More

A Briefing on Emerging Issues Impacting Transactional Practice 2016Posted on 03-11-2016

HIGH-IMPACT EVENT TO GLOBAL FINANCIAL SYSTEM MORE LIKELY, PREDICT FINANCIAL PROFESSIONALS ACCORDING TO ONE MEASURE, RECENT WORLD EVENTS have financial professionals unnerved. Forty-five percent of those surveyed by the Depository Trust & Clearing Corporation (DTCC) say the probability of a “high... Read More

A Briefing on Emerging Issues Impacting Transactional PracticePosted on 11-30-2015

ENERGY DEPARTMENT UNVEILS ROADMAP SEEKING TO DOUBLE U.S. ENERGY PRODUCTIVITY BY 2030 THE U.S. DEPARTMENT OF ENERGY HAS UNVEILED A strategic plan laying out a path businesses, state and local governments, consumers, and other stakeholders can use to double U.S. energy productivity by 2030. The strategies... Read More

Understanding the NLRB’S Positions on Regulating Employees’ Social Media UsagePosted on 11-30-2015

By: Marcia E. Goodman and Lori Zahalka , Mayer Brown LLP LEXIS PRACTICE ADVISOR RESEARCH PATH: Labor &Employment > Privacy, Technology, and Social Media > Navigating Social Media > Practice Notes > Understanding the NLRB’s Positions on Regulating Employees’ Social Media... Read More

Drafting Advice: Developing Social Media PoliciesPosted on 11-25-2015

By: Joseph Domenick Guarino , DLA Piper LEXIS PRACTICE ADVISOR RESEARCH PATH: Labor & Employment > Privacy, Technology, and Social Media > Navigating Social Media > Practice Notes > Developing Social Media Polices Social media platforms enable users to share ideas and exchange information... Read More