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Immigration Impact Image

Immigration Impact

Valentine A. Brown

The DOJ's Office of Special Counsel for Immigration Related Discrimination has been extremely active in suing employers for national origin discrimination and document abuse. And 2012 was a record year for HSI, the agency charged with I-9 enforcement.

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Hiring a Rival's Employee Image

Hiring a Rival's Employee

Karen McGinnis

Here are the top five actions that companies should take before hiring a competitor's employee.

Features

Same-Sex Benefits Image

Same-Sex Benefits

Sarah Riskin & Morgan Holcomb

Recent IRS guidance represents the beginning of what promises to be a long process of agency rule-making in light of the <I>U.S. v. Windsor</I> decision.

Features

Managing Religious Diversity in the Workplace Image

Managing Religious Diversity in the Workplace

Rebekah Mintzer

In the U.S. workplace, increasing religious diversity means additional labor and employment responsibilities for in-house counsel, according to a new report from the Tanenbaum Center for Religious Understanding.

Features

Whistleblower Retaliation Cases Image

Whistleblower Retaliation Cases

Janie F. Schulman

Recent notable whistleblower cases are in some instances defining what it takes to be a successful retaliation plaintiff; in other ways, these cases are merely shaping the battleground for cases yet to come.

The Importance of Background Checks Image

The Importance of Background Checks

Thomas E. Zeno

The government routinely requires certifications from its contractors, who provide everything from weapons systems used in combat to health care services paid by Medicare and Medicaid.

Features

Non-Compete Agreements Image

Non-Compete Agreements

Chad W. Moeller & William J. Tarnow II

Rulings in two cases have substantially defined the landscape of non-competition law in Illinois, and have a profound impact on employers' use of restrictive covenants with their employees.

Features

The NLRB's New Focus Image

The NLRB's New Focus

ALM Staff & Law Journal Newsletters

Employee handbooks are getting new scrutiny from the NLRB. Here's what you need to know.

Features

Section 3 of DOMA Ruled Unconstitutional Image

Section 3 of DOMA Ruled Unconstitutional

Ren'e W. O&#146;Rourke

For those employees for whom the employee's state of residence recognizes the same-sex marriage, the benefit plans must recognize the employee's same-sex marriage in the same manner as an opposite-sex marriage.

Clearer Employer Liability Standards for Title VII Supervisor Harassment and Retaliation Claims Image

Clearer Employer Liability Standards for Title VII Supervisor Harassment and Retaliation Claims

Alexis M. Dominguez

This summer, the Supreme Court issued a pair of important employer-friendly decisions. This article offers an in-depth analysis of both decisions and what they mean to your practice.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In 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.
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