• Problems with the New Test for Joint-Employer Status

    December 31, 2015 |

    This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

  • Nassar's Effect on the Causation Standard

    November 25, 2013 |

    In one of the biggest employment cases of 2013, the Supreme Court held that the mixed-motive theory under employment discrimination laws does not apply in Title VII retaliation claims.

  • New Laws Expand Whistleblower Protections

    October 27, 2010 |

    Federal statutes protecting whistleblowers are on the rise. Most recently, the Dodd-Frank Act, meant to overhaul and strengthen federal oversight of the financial system, included workplace protections for whistleblowers in the financial services industry. But that is not the only new law to include whistleblower protections.

  • Update on 'No-Match' Letters

    November 24, 2009 |

    On Oct. 7, 2009, the Department of Homeland Security ("DHS") published a final rule rescinding its safe-harbor procedures for employers that receive "no-match" letters from the Social Security Administration ("SSA") or similar letters from the DHS. Safe-Harbor Procedures for Employers Who Receive No-Match Letter.

  • New York Strengthens Wage Laws

    September 24, 2008 |

    Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.

  • Retaliation Claims

    August 25, 2008 |

    Part One of this article, which appeared in the June issue of Employment Law Strategist, discussed proof of retaliation claims. The conclusion herein addresses what conduct is protected.

  • Claims of Harassment

    November 27, 2007 |

    Recent court decisions highlight the importance of continuing to be vigilant in monitoring and preventing harassment in the workplace. For example, most employers and labor and employment lawyers are aware that harassing conduct by supervisors will result in strict liability being attached to the employer. It appears clear, however, that courts are increasingly willing to impose strict liability for harassing conduct carried out not only by the highest supervisors, but by lower-level managers as well.

  • Eight Steps to Make Mediation Successful

    May 30, 2006 |

    In the May 2006 issue of Employment Law Strategist, Marc Engel considered the virtues of mediation and the positive outcomes a successful mediation experience can create. In this second of a two-part series, he elaborates on specific steps that can be taken to make a mediation successful.

  • After the Gulf Coast Hurricanes

    January 26, 2006 |

    In the 2005 Special Issue of Employment Law Strategist, we summarized key issues affecting employers following the Hurricane Katrina disaster, including the federal government's legislative and regulatory responses to the catastrophe. The following is an updated summary of relevant legislative and regulatory actions.