'Waiving' Goodbye to Class Actions
May 26, 2010
It is no secret by now that employers, particularly those in such industries as the financial services, retail and health care, continue to be hit with the legal tsunami that is class action lawsuits. Here's how to cope.
Satisfying Fiduciary Duty Under ERISA
May 26, 2010
The Department of Labor (DOL) has issued guidance covering situations in which a pension plan, by virtue of its holdings of its employer's stock, is a potential claimant in a securities fraud suit.
Are Interns Employees?
May 26, 2010
If a would-be intern or trainee is actually an employee by another name, an employment relationship exists, and the intern or trainee is entitled to all the benefits and protections of federal law. These include the rights to minimum wage, overtime, and a discrimination-free workplace.
Text Messaging Heard By the Supreme Court
April 29, 2010
The U.S. Supreme Court on April 19 wrestled with the privacy expectations of public employees in a case involving workplace monitoring of text messages. By the end of arguments in <i>City of Ontario, Calif. v. Quon</i>, some justices, unfamiliar at first with the ins and outs of text technology, appeared better informed, but Jeffrey Quon's expectation of victory appeared to decline.
When 'If and When' Becomes 'Here and Now'
April 29, 2010
The recent merger of Wyeth and Pfizer illustrates some of the problems arising from these mergers and the resolution of these problems. Part One of this article addressed deferred compensation and performance share awards. The conclusion herein addresses options.
Movers & Shakers
April 28, 2010
Fisher & Phillips LLP, a national labor and employment law firm, will move its national headquarters in Atlanta in November 2010. The firm is moving into the new 12th & Midtown development where it will occupy two floors of a new 38-story office tower at 1075 Peachtree Street. Fulbright & Jaworski L.L.P. has appointed partners to serve as new heads of its offices in Austin, TX, and Denver. In Austin, Butch Hayes, a member of this…
Be Careful in Preparing Personnel Documents
April 28, 2010
Since many employers regularly review their employees and record those assessments in written documents, the fact that the manager could be sued for defamation probably comes as a big surprise. A look at a recent case.
Hiring Highly Skilled Foreign Grads
April 28, 2010
Since the H-1B filing season is historically brief, employers and their counsel are now preparing to file H-1B petitions on behalf of employees to ensure that work authorization is secured.
Health Care Reform: What Is the Impact on Employers?
April 28, 2010
The Patient Protection and Affordable Care Act imposes significant new responsibilities on employers and employer-sponsored group-health plans. Herein is a complete rundown on what to expect and when.