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Representing the Individual Defendant Image

Representing the Individual Defendant

Alex W. Craigie

This article focuses on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations, arising and attorney-client communications.

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EEOC Cases of 2011 Image

EEOC Cases of 2011

Christopher J. DeGroff & Gerald L. Maatman, Jr.

The EEOC promised to file bigger, higher-profile cases in 2011. It did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings.

Court Delays Controversial NLRB Poster Requirement Image

Court Delays Controversial NLRB Poster Requirement

Daniel V. Johns, Geoffrey D. Bruen & Meredith C. Swartz

On April 17, the U.S. Court of Appeals for the District of Columbia Circuit enjoined the National Labor Relations Board (NLRB) from enforcing a controversial rule that would require most private sector employers covered by the National Labor Relations Act to post a notice advising employees of their rights under the Act.

Employees' Pre-Eligibility FMLA Rights Image

Employees' Pre-Eligibility FMLA Rights

Christy Phanthavong & William Wortel

The Family and Medical Leave Act (FMLA) is perhaps the most difficult federal employment statute with which to comply. Here's a review of eligibility requirements.

MD District Court Dismisses RICO Claims Against HR Professionals Image

MD District Court Dismisses RICO Claims Against HR Professionals

Kevin McCormick

On July 6, 2011, the Maryland U.S. District Court dismissed a RICO claim filed by a number of employees of Purdue Farms, Inc., against a number of human resource (HR) professionals employed by Purdue. A review of the case.

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Whither Weingarten? Image

Whither Weingarten?

John D. Shyer & Linda M. Inscoe

The current NLRB is beginning to issue rules and decisions more favorable to organized labor, and its field offices are issuing complaints expanding the rights of non-union workers. A look at <i>Weingarten</i> rights, and what they mean.

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Employee's Inability to Work Overtime Is Not a Per Se Disability Image

Employee's Inability to Work Overtime Is Not a Per Se Disability

Maria Greco Danaher

The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the ADA.

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Advising a Whistleblower After Dodd-Frank Image

Advising a Whistleblower After Dodd-Frank

Tammy Marzigliano & Jordan A. Thomas

This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.

Disparate Impact and the ADEA Image

Disparate Impact and the ADEA

Gary S. Kessler & Philip G. McNicholas

In this article, the elements of a disparate impact claim by older workers are explored. Congress created protection for older workers from employment discrimination by enacting the Age Discrimination in Employment Act (ADEA).

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Managing Employee Leave under the ADAAA and FMLA Image

Managing Employee Leave under the ADAAA and FMLA

Patricia Anderson Pryor

Managing employee leave has become a persistent and growing challenge at many companies. Here's why...

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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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