Beware the Parent Trap
While parents are not a protected class, claims based on an employee's status as a parent or nonparent may be pursued successfully under existing causes of action, frequently sex discrimination. Such claims ' often characterized as family responsibilities discrimination (FRD) ' rose over 400% between 1996 and 2005, according to a 2006 study by Hastings College of the Law's Center for WorkLife Law.
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Workplace Lactation
This article includes discussion of the various approaches that jurisdictions have taken when providing legal protections for breastfeeding employees and establishing legal requirements for employers.
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A Primer on EEOC Guidelines on Caregivers
Employers need an attack plan and must begin to think creatively to address every situation that arises in the workplace to protect themselves from increasingly popular FRD claims. Here's how.
Heads Up: Two Recent Cases Involving the FMLA
An in-depth discussion of two recent decisions about the sufficiency of FMLA notices.
Work Overtime to Ensure That Your Unauthorized Employees Do Not
Tthe federal Court of Appeals in New York ruled earlier this year that an employer cannot necessarily avoid liability for overtime wages ' even if its policy requires prior approval for overtime work, and even if the employer did not have actual knowledge that its employees were working overtime hours. This article looks at the court's recent decision.
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The Federal Arbitration Act
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
What the Insurance Industry Doesn't Want You to Know
Many companies give away their coverage for IP claims because they accept their insurers' self-serving assessment that coverage does not exist. This article provides an overview of the issues that typically arise when determining the extent of coverage for IP claims under advertising injury coverage.
Employers Must Bolster Their Policies Against Retaliation
Even in the absence of discrimination itself, juries often find employers guilty of retaliation with no more evidence than the short time between the employee's complaint and the alleged retaliatory act. Here's what to do.
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A Creative Screening of Electronically Stored Information May Determine the Victor
Electronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in <i>Victor Stanley, Inc. v. Creative Pipe, Inc., et al.</i>
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Practice Tip: The Learned Intermediary Doctrine
The court's refusal in <i>Johnson & Johnson v. Karl</i>, to recognize the learned intermediary doctrine and rejection of it wholesale lacks a sound basis. It is a legal aberration that warrants a prompt legislative response to codify the learned intermediary doctrine in West Virginia.
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