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A Useful Tool for Global Employers Image

A Useful Tool for Global Employers

John D. Shyer & Tobias Leder

For the benefit of global companies with operations in Germany, this article explores how "short-time work" can be introduced, and which rules must be observed in order to qualify for associated government grants.

Features

Cross-Border Employment and Forum Selection Clauses Image

Cross-Border Employment and Forum Selection Clauses

Philip M. Berkowitz

Many multinational employers negotiate choice-of-law and choice-of-forum provisions that select one jurisdiction's laws or forum over another. A recent decision affirmed that process.

Features

Religious Discrimination Claim Image

Religious Discrimination Claim

Kevin C. McCormick

In a recent decision, the Maryland District Court considered, and rejected, a claim of religious discrimination filed by a former social worker at Genesis Healthcare-Franklin Wood Center (Genesis).

Features

How to Survive the Whistleblower Epidemic Image

How to Survive the Whistleblower Epidemic

Patricia Anderson Pryor

Regardless of whether an employer is publicly traded or subject to the Dodd-Frank Act, the media attention on whistleblowing and the public awareness created by the statute has increased the whistleblower pressure in all employment settings.

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Avoiding Liability in Employee References Image

Avoiding Liability in Employee References

Gary S. Kessler & Philip G. McNicholas

An employer must be careful when providing employment references. However, recent case law demonstrates the difficulty an employee faces in trying to establish defamation by a former employer.

Could Settling Cost You $1,000 Per Day? Image

Could Settling Cost You $1,000 Per Day?

Robert G. Brody & Rebecca Goldberg

Imagine settling an employment discrimination claim for $450,000 and then getting a bill for $90,000 more than three months later! As of Jan. 1, 2012, this has been possible, and most private employers have no idea it could happen.

The FMLA, Expanded Image

The FMLA, Expanded

Sandra E. Pullman

Employees who remain out on leave longer than the FMLA's 12 weeks pursuant to their employers' representations can typically reclaim their jobs and even seek damages beyond those envisioned by the statute. Here's why.

Features

Third Circuit Establishes Joint Employment Test Image

Third Circuit Establishes Joint Employment Test

Daniel V. Johns & Kelly T. Kindig

In late June, the Third Circuit considered the broad definition of "employer" under the FLSA to determine when two employers jointly employ an employee, an issue that has been arising with increasing frequency.

Supreme Court: Pharmaceutical Sales Reps Are Exempt Image

Supreme Court: Pharmaceutical Sales Reps Are Exempt

Shirley O. Lerner

The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings.

Terminating Employees Image

Terminating Employees

William J. Wortel

This article discusses three of the most common errors made by employers, all of which can be easily avoided.

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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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