Employment Law Strategist

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.

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.

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

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

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.

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.

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.

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.