Employment Law Strategist

One of the biggest challenges for U.S. employers, investigators, and e-discovery practitioners in cross-border litigation involving European companies or citizens has been obtaining digital data about European individuals. However, things may have recently become a little easier for data-seeking employers or investigators in the EU.

A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).

The ADA) has prohibited discrimination against qualified individuals based on their disabilities across the United States for the last 25 years. It has required employers to implement reasonable accommodations for a qualified individual's disability. A critical question facing employers is what medical conditions qualify as a disability that must be accommodated to comply with federal law.

Although the Patient Protection and Affordable Care Act (ACA) was enacted nearly six years ago, large employers now must for the first time report to the Internal Revenue Service.

n a first-of-its-kind decision, the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. The court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.

Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties ' both defense and plaintiff. Here's a look at structured settlements.

In January, the United States Supreme Court rendered its decision, in an 8-1 vote, in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent. Here's an analysis of that ruling.

On Oct. 21, 2015, the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook.