Features
Michigan Ban on Affirmative Action Upheld by Supreme Court
The U.S. Supreme Court on April 22 voted, 6-2, to uphold Michigan's ban on state affirmative action programs, finding that the court has no authority to set aside the measure approved by voters.
Features
FLSA Actions
In March 2013, the Seventh Circuit Court of Appeals, in an opinion written by Judge Richard A. Posner, decided the case of Teed v. Thomas & Betts Power Solutions, LLC, 711 F.3d 763, 764 (7th Cir. 2013). In a win for employees, the court held that the more plaintiff-friendly federal common law test is appropriate in determining whether an acquiring company assumes the liabilities associated with pending litigation under the Fair Labor Standards Act (FLSA). '
Features
Preparing for the Affordable Care Act Employer Mandate
As of Jan. 1, 2015, the Patient Protection and Affordable Care Act begins to impose certain health coverage requirements on employers who have at least 50 employees. Even though its implications are almost a year away, it is not too soon for employers to prepare for the Employer Mandate. Employers would be wise to figure out if the mandate applies to them, understand the potential penalties that can be imposed on them and, taking into account all of the various considerations, decide if they want to pay or play.
Features
Second Circuit to Decide Challenges over Unpaid Interns
Currently, there are a large number of companies facing lawsuits from current and/or former unpaid interns. Here's what you need to know.
Features
Wage and Hour Class Actions Rising
A look at the 2014 edition of Seyfarth Shaw's Annual Workplace Class Action Litigation Report.
Features
New Developments in Social Media Discovery in Employment Cases
This article focuses on recent developments in the discovery of social media content in employment discrimination cases.
Features
The Death Benefit Only Program
The DBO program' can be used by employers without regard to corporate and qualified plan limitations and may be provided by employers on a permissibly discriminatory basis.
Features
New Online Whistleblower Complaint Form
OSHA recently unveiled a new online whistleblower complaint form. This is significant for employers because whistleblower complaints (and the litigation headaches that accompany them) are now literally only "a few clicks" away.
Features
When Is It Legal to Fire?
Tongue-in-cheek look at real instances when it is legal to terminate an employee.
Features
Class Action Waivers Validated in NLRB Loss
A decision handed down by the U.S. Court of Appeals for the Fifth Circuit in New Orleans in December upheld the use of class or collective action waivers in arbitration agreements.
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
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