Update on Retaliation Claims
September 29, 2009
If an employee orally complains to a supervisor about the employer's wage practices, which he believes violate the Fair Labor Standards Act ("FLSA"), has the employee engaged in protected activity that may form the predicate to a claim of retaliation under the FLSA?
Changes to Form I-9: Administrative on Their Face; Substantive in Effect
September 29, 2009
As of April 3, 2009, employers were required to use the new Form I-9 for employment eligibility verification for new employees and applicable re-hires. The new form is the latest step in what has been an unsystematic effort by the United States government to create and enforce immigration laws in the workplace.
Protecting Your Client's Maintenance Rights
September 29, 2009
In high net worth divorce cases, the amount of maintenance to be paid to the non-wage earner spouse is often a critical issue for determination. In those situations, a family law practitioner should seriously consider using a lifestyle expert to assist the court in establishing lifestyle and reasonable living expenses.
IP Litigation: What Is It Good For?
August 27, 2009
As obvious as this distaste for lawsuits may be to anyone who has ever been deposed, it nonetheless is often critical for businesses, and particularly technology firms, not only to be prepared to go (metaphorically) to war in the battlefield of the courtroom, but to actually take that step.
Putting Out the Fire Created by Ricci
August 25, 2009
The <i>Ricci</i> decision is a reminder for all employers: Employment decisions cannot be made based on race, regardless of whatever good intentions the employer may have. Even though the Court confirmed that employers can take "affirmative efforts to ensure that all groups have a fair opportunity to apply for promotions and to participate in the process by which promotions will be made," the actual decisions cannot be tainted by racial consideration.
The Employee's Perspective
August 25, 2009
In her dissenting opinion in <i>Ricci v. DeStefano</i>, Justice Ruth Bader Ginsburg posited that the disparate impact theory has been central to effective enforcement of Title VII for decades. On June 29, 2009, the Court took a step backwards on the path toward fulfilling Title VII's promise of equal opportunity.
Statistical Lessons of Ricci
August 25, 2009
The Supreme Court's decision in <i>Ricci v. De Stefano</i> has already garnered a great deal of attention from lawyers, political pundits, and Supreme Court watchers. While the statistical issues got almost no attention in the decision from either side, there are important statistical currents in <i>Ricci</i> that are worthy of further attention.
Supreme Court Issues Controversial Decision
August 25, 2009
Special Issue: In <i>Ricci v. DeStefano</i>, decided on June 29, 2009, the Supreme Court ruled that "race-based action like the City's in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute." The article herein, and this entire issue, examines this ruling.
Business Incentives and Property Taxes in Bankruptcy
August 24, 2009
Bankruptcy is a dark cloud on a company's business. However, business incentives and property taxes can be a silver lining by bringing precious value ' such as property tax abatements, sale/use tax exemptions and, in some instances, favorable financing and utility rate reductions ' to help the company on its road to economic recovery.
The Curious Case Of Bobby Brown v. F.L. Roberts
July 28, 2009
In fiscal year 2008, the EEOC received 2,880 complaints of religious discrimination, up from 1,786 complaints received in 1998. In response to the substantial increase in religious discrimination claims, in July 2008 the EEOC revised its Compliance Manual and published Questions and Answers and Best Practices.
