Features
Affirmative Action Invades the Health Care Industry
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
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
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
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
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
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
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
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
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.
Features
Arbitration Agreements in the Wage-and-Hour Context
For corporate attorneys, questions about how an employer can limit both the costs associated with and exposure to wage-and-hour claims have become ever more difficult. Employer-employee arbitration agreements may be part of the answer.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
