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Features

NLRB Breathes New Life into Federal Labor Law Image

NLRB Breathes New Life into Federal Labor Law

Robert G. Brody & Sami Asaad

By now, everyone knows discrimination and harassment are illegal in the workplace. But how many know that employees have the right to engage in protected, concerted activities "for the purpose of ' mutual aid or protection?" Are you in violation of federal labor law?

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Affirmative Action Invades the Health Care Industry Image

Affirmative Action Invades the Health Care Industry

Christopher Durham

Government contractor or subcontractor status has far-reaching implications and potentially dire consequences for health care providers if they are not in compliance with their affirmative action obligations.

<B>BREAKING NEWS:</B> Justices Hand Wal-Mart Big Win in Class Action Battle Image

<B>BREAKING NEWS:</B> Justices Hand Wal-Mart Big Win in Class Action Battle

Tony Mauro

The Supreme Court on June 20 handed a sweeping victory to Wal-Mart, the nation's largest employer, in the company's decade-long effort to thwart a discrimination class action filed on behalf of more than 1 million female current and former workers. The ruling is likely to hobble other large employment class actions as well.

Features

Tax Issues in Employment Mediations Image

Tax Issues in Employment Mediations

Robert W. Wood & Joel M. Grossman

There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.

Features

Attorney-Client Privilege and Cross-Border Investigations Image

Attorney-Client Privilege and Cross-Border Investigations

Philip M. Berkowitz

How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?

Supreme Court Defines 'Complaint' in Wage-Hour Case Image

Supreme Court Defines 'Complaint' in Wage-Hour Case

James R. Dye

While employers will not be pleased with the Court's ruling in <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, the opinion adds some much-needed clarity to the issue of what constitutes protected activity under the FLSA's anti-retaliation provision.

Features

Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney Image

Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney

Patricia Anderson Pryor

In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys. Here's what to do.

OFCCP's New Active Case Enforcement Initiative Image

OFCCP's New Active Case Enforcement Initiative

David S. Fryman & Farrah I. Gold

The new Active Case Enforcement (ACE) initiative of the Office of Federal Contract Compliance Programs (OFCCP) is expected to lead to broader, more aggressive compliance investigations by the agency. OFCCP is the U.S. Department of Labor division charged with ensuring that federal contractors comply with Equal Employment Opportunity laws and Executive Orders.

Office Bully Takes One on the Nose Image

Office Bully Takes One on the Nose

Jason Habinsky & Christine M. Fitzgerald

With a zero-tolerance attitude toward workplace bullying, employers can minimize the impact of the workplace bullying legislation that is bound to come to light in the near future, and in the meantime, maintain a safer and more productive workplace.

Limitations on Third-Party Discovery in Arbitration Image

Limitations on Third-Party Discovery in Arbitration

Karla Grossenbacher

The decision to submit all employment disputes to mandatory arbitration only should be made after a careful analysis of the pros and cons so that the employer can determine whether the perceived benefits of arbitration actually are worth the significant disadvantages.

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    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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