Use And Abuse Of Experts In Matrimonial Cases
October 31, 2005
Most of us are familiar with using CPAs to value businesses, and psychologists and psychiatrists to make mental health assessments in custody cases. Pharmacological and DNA experts have become commonplace; so have employment experts in maintenance cases. However, there are many other uses of experts. Our imagination is the only limitation. Nevertheless, there are many things to consider when employing experts. Once you decide how to use your expert, you then must consider the expert's qualifications, the application of hearsay and other rules of evidence, as well as standards of professional practice.
Employee Blogging
October 31, 2005
A growing number of employees are blogging (posting comments, photographs, and even audio streams, to an online diary or journal), both at work and at home. The proliferation of workplace-related blogging has created an additional legal minefield to be navigated by the growing number of employers whose workforce has access to computers, the Internet and related electronic information. This article provides an overview of some of the more significant legal and business issues facing employers whose employees engage in workplace-related blogging, and offers recommendations for such employers to consider in an effort to minimize the potential for legal liability associated with such blogging.
Internet Job Applications
October 31, 2005
Regulations established by the Labor Department's Office of Federal Contract Compliance Programs (OFCCP) require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each "applicant" for employment. On Oct. 7, the OFCCP issued a final rule that adds a definition of "Internet applicant" and requires contractors to collect gender, race, and ethnicity information from certain individuals who apply through the Internet. 41 C.F.R. Part 60-1.
Supreme Court Outlook for 2005-2006
October 31, 2005
This term, the United States Supreme Court will consider a number of cases that may impact employers and employees. Here is an in-depth rundown.
Distress Terminations of Underfunded Pension Plans
October 28, 2005
Recent bankruptcies in the airline industry have highlighted the liabilities associated with underfunded defined benefit pension plans. Debtors seeking to restructure and reorganize into viable entities have to make difficult business decisions related to their sponsorship of defined benefit pension plans. The future funding costs and investment risks associated with continued sponsorship of underfunded defined
CA Supreme Court Expands Protections for Workers
October 05, 2005
In a pair of recent decisions, the California Supreme Court has significantly widened protections for workers claiming harassment and discrimination under the state's Fair Employment and Housing Act. Taken together, these decisions give California employees protections from job discrimination far beyond those in any other state.