Employers go to great lengths and expense to reduce their potential exposure to employment-related claims. Most employers implement policies to address the myriad and growing federal, state, and local employment laws; regularly conduct employee EEO training; hire qualified human resources professionals and in-house attorneys with expertise in employment law; and regularly seek advice and assistance from outside counsel concerning these prophylactic measures. The purpose of this article is to apprise readers of a fast, simple, and inexpensive way to reduce their exposure to certain types of employment-related claims through the inclusion of an express waiver ('Waiver') in an employment application or other document signed by applicants or employees. The Waiver contractually reduces to six (6) months the time period within which certain types of employment-related claims must be filed and waives any statute of limitations to the contrary, thereby significantly reducing the number of timely-filed claims and, consequently, the employer's potential exposure.
- February 27, 2007Bill Wortel
As many of you know, there are various insurance policies available to protect against employment-related claims. Although some policies, such as employment practices liability (EPL) policies, cover a variety of claims, many cover only specific claims to the exclusion of all others. A recent decision from the U.S. Court of Appeals for the Fourth Circuit highlights some of the interesting issues that can arise in resolving employment claims covered by an insurance policy.
February 27, 2007Kevin C. McCormickEmployers that have a lot of tipped employees often face a host of employment law challenges, including payroll. Under the Internal Revenue Code ('Code'), tips are income subject to income tax withholding and usually subject to Social Security and Medicare taxes as well. Problems often arise when the employer does not know exactly how much tip income an employee receives, either because they are in cash, or because the employees, such as hosts or busers, are indirectly tipped by other employees, such as waiters. This article offers employers a short guide for dealing with the federal taxation of tipped employees and the IRS' compliance programs.
February 27, 2007G.J. Stillson MacDonnell and William Hays WeissmanOn Sept. 29, 2006, the Food and Drug Administration ('FDA') issued a final guidance on quality systems for pharmaceutical companies: formalized business practices that define management responsibilities for organizational structure, processes, procedures, and resources needed to fulfill product and service requirements, improve customer satisfaction, and ensure continual improvement. The 'Quality Systems Approaches to Pharmaceutical Current Good Manu-facturing Practice Regulations' (the 'Guidance Document') is intended to help companies comply with the FDA's current Good Manufacturing Practices ('cGMP') regulations. The Guidance Document is part of the FDA's Pharmaceutical cGMPs for the 21st Century Initiative, a program that seeks to integrate quality systems and risk management approaches into existing manufacturing programs with the goal of encouraging industry to adopt modern and innovative manufacturing technologies.
February 27, 2007Alan Minsk and David HoffmanPart One of this article discussed, inter alia, what the duty to preserve documents entails, when it begins, how a document retention policy can help protect against spoliation claims, and the consequences of failure to preserve documents. This installment addresses repetitive product liability litigation and what counsel should do when notified of a lawsuit.
February 27, 2007Bikram Bandy and Daniel SimonRecent rulings of importance to you and your practice.
February 27, 2007ALM Staff | Law Journal Newsletters |In MedImmune v. Genentech, decided Jan. 9, 2007, the U.S. Supreme Court swept away over a decade of Federal Circuit precedent to find that a licensee need not breach a patent license in order to file a declaratory judgment action for patent invalidity or unenforceability. The decision shifted substantial power from licensors to licensees: previously, a licensee had to choose the lesser of two evils. On one hand, the licensee could comply with the terms of a license agreement and forego any challenge to a patent, even if it felt the patent was not infringed, invalid, or unenforceable. On the other hand, the licensee could breach the license and challenge infringement, validity, and enforceability; in doing so, however, it exposed itself to potentially trebled damages and attorney's fees under 35 U.S.C. '' 284 & 285 and an injunction against future sales under 35 U.S.C. ' 283 if its challenge failed.
February 27, 2007Joshua R. RichThe Privacy Rights Clearinghouse estimates that over 100 million records containing sensitive personal information have been involved in security breaches. This non-profit consumer organization has tracked these breaches on its website (www.privacyrights.org) beginning with the significant and well-publicized ChoicePoint breach in February 2005. As a result, over two-thirds of states enacted security breach notification laws governing the notification that a company must make in the event of a security breach. This article outlines the requirements for providing notification of a security breach under state security breach notification law by any company and the factors that a public company needs to take into account regarding whether to disclose a security breach under federal securities law.
February 27, 2007ALM Staff | Law Journal Newsletters |One of the principal problems in our civil justice system is holding a defendant responsible for some very bad harm that it did not cause. Acting as 'gatekeepers,' judges are the key persons who can prevent this injustice, and many keep out both so-called 'junk science' and preserve the integrity of our legal system. Some very well meaning judges, however, do not do so. Sometimes, they can be persuaded to allow a jury to have a look at a case that should have been dismissed.
February 27, 2007Victor E. Schwartz and Micah L. HobbsWhen the dust settles from the current round of discussions on increasing the federal minimum wage, the lowest paid of the country's non-exempt employees may or may not be earning an additional dollar or two per hour. Either way, the debate will have drawn the country's ' and the plaintiffs' bars' ' attention toward the lowest paid of our country's workers, and the climate will be right for those attorneys to begin focusing not only on how much non-exempt employees are being paid per hour, but also on whether these workers are being paid in a manner that is consistent with every intricate (and often contrary-to-common-sense) twist and turn of federal and state law.
February 27, 2007Jennier Blum Feldman