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Features

Workplace E-mail: Employers Beware! Image

Workplace E-mail: Employers Beware!

Albert J. Solecki, Jr. & Melissa G. Rosenberg

E-mail has become a way of life. Its advantages in the business world are widely known: It is an inexpensive, easily distributed medium, which can be accessed, even wirelessly, almost instantaneously anywhere in the world. In this fast-paced global economy, these features are highly desired. E-mail in the workplace is a double-edged sword, however, and the problems associated with workplace e-mail, particularly in connection with litigation-related discovery, have been recognized with increasing frequency by courts and litigants around the country.

Recent Developments from Around the States Image

Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National rulings of interest to you and your practice.

Features

The NLRB's 'IBM' Decision Image

The NLRB's 'IBM' Decision

Kenneth R. Dolin

The National Labor Relations Board (NLRB) recently held by a 3-2 vote that employees who work in a nonunionized work force do not have the right to have a co-worker present at an investigatory interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline.

Features

National Litigation Hotline Image

National Litigation Hotline

ALM Staff & Law Journal Newsletters

Recent rulings you need to know.

Arbitration Is for Some But Not All Image

Arbitration Is for Some But Not All

David W. Garland

The defense of employment-related lawsuits is a significant expense for employers that, many times, cannot be avoided. At the same time, it is an expense that offers little return on investment for the employer. Despite the efforts of at least some courts to try to resolve these cases through early mediation or to move them faster through the system, claims of employment discrimination and other alleged wrongdoing in the workplace, often languish far too long.

Features

All Employers Have Obligations Under Immigration Law Image

All Employers Have Obligations Under Immigration Law

Alka Bahal

Suppose that you represent an employer that does not hire foreign nationals and is in an industry that does not lend itself to foreign workers. Does your client nevertheless have responsibilities under the Immigration Reform and Control Act of 1986 (IRCA)? The answer -- surprising to too many employers and attorneys -- is yes. The IRCA prohibits unfair immigration-related employment practices and makes all U.S. employers responsible for verifying the "employment eligibility" and "identity" of all employees hired to work in the United States after Nov. 6, 1986.

Features

Recent Developments from Around the States Image

Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National rulings of interest to you and your practice.

Transgender and Title VII: Time to Change? Image

Transgender and Title VII: Time to Change?

Darrell R. VanDeusen

If you have practiced employment law for more than a decade, you probably assume that Title VII does not cover transsexuals, transvestites or other transgendered individuals. It's simple: A lot of cases have held that "sex" discrimination does not extend beyond traditional notions of "male" and "female." Besides, an individual's sexual orientation is not protected under Title VII, so why should the transgendered be protected? Such an assumption is no longer necessarily valid. There appears to be a growing trend toward recognizing a cause of action for sex discrimination under Title VII when a transgendered employee suffers an adverse employment action.

Features

National Litigation Hotline Image

National Litigation Hotline

ALM Staff & Law Journal Newsletters

Recent rulings you need to know.

The Pricelessness of Prevention Image

The Pricelessness of Prevention

Jonathan A. Segal

An employee who had never before complained about harassment quits and then files a sexual harassment constructive discharge claim with the EEOC. Can the employer prevail on the ground that the employee failed to take advantage of the employer's internal complaint procedure?

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