NLRB Again Limits <i>'Weingarten' </i>Rights
June 29, 2004
Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.
OK to Favor Older Employees over Younger Ones?
June 04, 2004
On Feb. 24, 2004, the U.S. Supreme Court issued an important decision concerning whether the Age Discrimination in Employment Act (ADEA) prohibits employers from engaging in "reverse discrimination" by favoring older workers over younger workers. In <i>General Dynamics Land Systems, Inc. v. Cline</i>, the Supreme Court held that the ADEA does not prohibit employers from favoring older employers over younger ones. Because this decision resolves a conflict in various federal circuit courts of appeal, the Supreme Court's opinion eliminates any uncertainty concerning this issue at the federal level.
Protecting a Company's 'Crown Jewels' Through Employee Departure Plans
June 04, 2004
Employees leave their current employers every day, presumably to pursue new and brighter career opportunities. This is especially true today, as the economy seems to be picking up pace and employers find themselves needing to expand their workforces. Inevitably, some employees will go to work for competitors of their former employers. While employees have the right to seek new and better jobs, the law is equally clear that they may not do so at the expense of their former employer's business interests.
Vicarious Liability and Copyright Law: Breaking with Tradition
June 01, 2004
Vicarious liability is applicable in most areas of tort law. As the U.S. Supreme Court stated in an opinion early last year, "traditional vicarious liability rules ordinarily make principals or employers vicariously liable for acts of their agents or employees in the scope of their authority or employment." <i>Meyer v. Holley</i>, 537 U.S. 280, 283 (2003).
Partnership Taxation in Bankruptcy
May 27, 2004
Most of the debtors involved in our restructuring work are corporations. On occasion, however, we find ourselves working on a matter involving a bankrupt partnership. Partnerships in bankruptcy raise a host of tax issues that differ from the issues we deal with in our typical corporate debtor work. In this article, we first discuss some basic elements of partnership taxation, and then review some of the tax issues unique to partnerships in bankruptcy.
Do You Know Your Federal Law?
May 25, 2004
Family law practitioners not only need to be thoroughly familiar with the applicable law of any state in which they practice, but some federal law as well. One of the areas in which federal law has been carving out preemption is that of retirement and life insurance death benefits.
