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Terminating Employees for Unapproved Posts Image

Terminating Employees for Unapproved Posts

Shari Claire Lewis

Are employers "free to fire" if their employees violate social media policy? The answer might surprise you.

Features

Serving Alcohol at Company Events Image

Serving Alcohol at Company Events

Jonathan A. Segal

By now, the winter holidays are a dim memory, but there are other events that companies may celebrate. Consequently, it is always helpful to review ways to minimize the risks of serving alcohol at company events.

Features

Non-Authority for Non-Recruitment Covenants Under New York Law Image

Non-Authority for Non-Recruitment Covenants Under New York Law

Richard C. Schoenstein

While many employers have written employment contracts with restrictive covenants designed to hinder employees from departing for a competitor, the state and federal courts considering New York law have not uniformly enforced such provisions.

Features

Social Networking Image

Social Networking

Gary S. Kessler & Tony Barbieri

Not only is social networking taking over how we live, work, communicate and "socialize," it is changing how lawyers litigate and practice law.

Features

When Did Intermittent Become a Noun? Image

When Did Intermittent Become a Noun?

Ralph Morris & Ashley Eddy

While dealing with intermittent leave is one of the most difficult issues that HR staff faces, there are certainly some opportunities for employers to control employee abuse.

Responding to Regulatory Agency Complaints Image

Responding to Regulatory Agency Complaints

Charles A. Krugel

How a business should respond if it receives a complaint from any of the myriad regulatory agencies.

Features

Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status Image

Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status

Neil V. McKittrick & Rachel Reingold Mandel

The Second Circuit recently held that pharmaceutical sales reps do not fall under any of the exemptions to overtime payment requirements under the Fair Labor Standards Act ("FLSA"). The court's decision significantly impacts the classification of pharmaceutical sales reps in the industry.

Old Law, Partisanship Pose Challenges for NLRB Image

Old Law, Partisanship Pose Challenges for NLRB

Marcia Coyle

The National Labor Relations Act (NLRA), which the NLRB board administers, has not been changed significantly in more than 60 years. The law and the board are in danger of becoming irrelevant as the world changes around them.

Providing Leave As an Accommodation Under the ADA Image

Providing Leave As an Accommodation Under the ADA

Tina M. Maiolo & Alexander M. Gormley

Permitting the use of accrued paid leave or unpaid leave a reasonable accommodation under the ADA, and the purpose of this article is to briefly explain an employer's responsibilities in responding to a qualified employee's request for such leave.

Features

UK Is Considering Abolishing Upper Age Discrimination Limit Image

UK Is Considering Abolishing Upper Age Discrimination Limit

Stephen Brown, John Shyer & Kathryn Donovan

The new government in the UK has announced its intention to abolish the UK default retirement age of 65, effective as of October 2011, and is currently consulting about the impact that this will have on UK employers.

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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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