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New Difficulty With Settlements at the New York State Division of Human Rights

The New York State Division of Human Rights’ (NYSDHR or the Division) standard stipulation of settlement document does not always include all of the terms that an employer would want when agreeing to pay a monetary settlement...more

Trends in New Jersey Employment Law - August 2014

LAD Roundup - In recent weeks, New Jersey's primary employment discrimination statute—the Law Against Discrimination (LAD)—has been the focus of judicial scrutiny....more

Whistleblower Antiretaliation Provision Does Not Apply Outside the U.S.

The Court of Appeals for the Second Circuit ruled today that the Dodd-Frank Act's prohibition on retaliation against whistleblowers does not apply extraterritorially. In affirming the dismissal of the case on...more

Top Ten Tips for the Workplace

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best practices in the workplace. Ensuring compliance with our Top Ten Tips list below, will help to keep your workplace...more

Businesses Around the United States Being Targeted for Alleged Inaccessible Websites

While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class...more

Guarantors Are Not Protected by the Equal Credit Opportunity Act, Eighth Circuit Holds

The U.S. Court of Appeals for the Eighth Circuit recently upheld summary judgment in favor of a lender, dismissing an action by the borrowers’ spouses alleging that the lender’s requirement that the spouses sign guaranties...more

Hobby Lobby ripples still being measured

How can the controversial decision in the Hobby Lobby contraception coverage case impact employers? The U.S. Supreme Court in June decided the controversial case of Burwell v. Hobby Lobby Stores Inc. The court ruled...more

Colorado Federal Court Walks Back Rejection of ADEA Waiver in RIF Case

In a previous post we discussed Foster v. Mountain Coal Company LLC, the District of Colorado’s decision invalidating a waiver of an employee’s claims against his employer under the Age Discrimination in Employment Act (ADEA)...more

Take 5 Newsletter: Five Documents That Financial Services Employers Should Revisit Now

With summer here, including its long days and blazing heat, many thoughts may turn to beaches, sunshine, and lazy afternoons. The summer may also be a good time for employers—especially those in the financial services...more

‘Steering Clear of ADA Drive-By Lawsuits’: Three Tips For Better Managing ADA-Related Risk

When I defend Virginia property owners in lawsuits involving the Americans with Disabilities Act (ADA), certain plaintiffs greet me warmly as I walk up to depose them. Why? Because we have seen each other so many times we are...more

The ADA and Private Professional Certification

Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification, or credentialing ensure that such...more

New Jersey Appellate Court Upholds Contracts Curtailing the Time for Employment Claims: Lessons for Employers

Employers know that there are numerous laws, both state and federal, that allow employees to sue for perceived violations of their rights. Those laws provide not only a dizzying array of theories of liability but also a...more

The Supreme Court Extends SOX Whistleblower

On its face, the Sarbanes-Oxley Act of 2002 (“SOX”) is concerned with the conduct of publicly-traded, not privately-held, companies. SOX, after all, grew out of the scandalous and widely damaging failures of public companies...more

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s...more

For-Profit Companies Find Religion – What’s a Transactional Lawyer to Do?

Last month, the United States Supreme Court ruled in the Hobby Lobby case that closely held for-profit corporations can have “free exercise rights” as “persons” under The Religious Freedom Restoration Act of 1993 (“RFRA”),...more

'Tis the Season for Government Contracts: Five Key Compliance Issues for Retailers Selling to the Government

As retailers move closer to the end of the government fiscal year in September, ’tis the season for receiving government contracts. Federal agency budget authority for discretionary spending generally mandates that agencies...more

Arbitrator To Decide Whether Arbitration Agreement Provides For Class Arbitration

A majority of the United States Supreme Court has never reached agreement on whether the court or an arbitrator should decide the issue of whether an agreement allows or precludes class arbitration. In Sandquist v. Lebo...more

Stay Tuned: Impact of Supreme Court Decision on ACA's Contraceptive Mandate Uncertain

It’s too soon to know the impact on the workplace of the U.S. Supreme Court’s recent decision that certain businesses may opt out of the Affordable Care Act’s (ACA) requirement to pay for birth control in their healthcare...more

Be Global - July 2014

Saudi Arabia: Webinar on the recent introduction of the Nitiqat and Ajeer Systems in Saudi Arabia Our Middle East Employment team delivered a webinar recently covering issues surrounding the nationalization agenda in...more

Whistleblowers are important | Ensure yours understand their benefit

Over the last few years, we've seen how the power of whistleblowers can effect change, hold companies accountable and stop corruption. The spotlight on the critical role they could have played is seen in the absence of them...more

Curb Appeal: Looks Matter When It Comes to the ADA

I’m frequently asked two questions by business owners and managers when it comes to ADA compliance and lawsuits. The first question is, “what type of businesses get sued most often?”...more

Hobby Lobby: Just a Start

As a trial lawyer, I rarely pay much attention to dissenting opinions. They do not serve as meaningful precedent, and they tend only to express the loser’s frustrated perspective. But Justice Ginsburg’s dissent in the Supreme...more

Second Bite at the Apple

As reported (see link below), Apple has appointed a second woman to its board of directors. Sue Wagner is a co-founder of Blackrock with a strong background in finance and M&A across various global markets. She is replacing...more

Doing Business in Canada: Employment Law

EMPLOYMENT LAW - THE EMPLOYMENT RELATIONSHIP - There are many different types of relationships which businesses can have with the people and corporations who perform services for the business, including but not...more

Food Safety Whistleblower Regulations on the Way

Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” Fortunately, the government that makes the laws does want to see the sausage being made and, as such, has instituted new...more

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