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We found 1,061 results for "Employment Law Strategist"...

CA High Court Brightens Rule Against Non-Compete Pacts
September 24, 2008
In a ruling long awaited by the employment law sector, the California Supreme Court effectively rejected the use of most non-competition agreements in California. This article is an analysis of the ruling.
Perceived Mental Impairment in the Workplace
September 24, 2008
Employers who take action because there are rumors that a certain employee is "crazy," "psycho" or "nuts" often find themselves the subject of an Americans with Disabilities Act ("ADA") lawsuit facing claims that they regarded the individual as mentally disabled. What's an employer to do?
New York Strengthens Wage Laws
August 25, 2008
In light of recent aggressive enforcement efforts of New York's Labor Laws by both the New York State Attorney General's Office and the New York State Department of Labor ("NYSDOL"), prudent employers should consider the effect of these new enactments on their pay and leave practices and take action to ensure compliance.
Competing Definitions of 'Mass Layoffs' Under the WARN Act
August 25, 2008
The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" ' one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.
Retaliation Claims
August 25, 2008
Part One of this article, which appeared in the June issue of Employment Law Strategist, discussed proof of retaliation claims. The conclusion herein addresses what conduct is protected.
Panel Affirms Award Against Wal-Mart in Disability Bias Case
August 25, 2008
Staking out an exception to the general rule that the requirement to accommodate is normally triggered by a disabled employee's request, the Second U.S. Circuit Court of Appeals said an employer must take action "if the employer knew or reasonably should have known that the employee was disabled." <i>Brady v. Wal-Mart Stores Inc.</i>, 06-5486-cv.
Beware the Parent Trap
July 31, 2008
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.
Workplace Lactation
July 31, 2008
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.
A Primer on EEOC Guidelines on Caregivers
July 31, 2008
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
July 31, 2008
An in-depth discussion of two recent decisions about the sufficiency of FMLA notices.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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