OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
Bitter C-Suite: Privacy, Security and Data Protection Issues Facing Corporations, Directors and Officers
Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
Pennsylvania Tavern Games Licenses
Polsinelli Podcast - To Pay or Not to Pay? The Rules for Summer Interns in 2014
Upcoming Affirmative Action Plan Requirements for Federal Contractors and Subcontractors
Should an employer have a written social media policy?
Protecting Trade Secrets When Employees Depart
Tax Traps of Employment Documents
Which Canadian jurisdictions are examining Target Benefit Plans? An update from Ian McSweeney
Status of Target Benefit Plans in Quebec
Bullying in the Workplace: L&E Case Study
North Carolina Unemployment Insurance Reform Webinar
BB&K's Isabel Safie Discusses the Implications of IRS’ Definition of Governmental Plan Status
Annual Labor & Employment Update 2013
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Global Immigration Solutions for Multinational Businesses
Navigating the New OFCCP Regulations on Affirmative Action Obligations: Make Sure Your Organization is Ready
What is at will employment law?
Structuring Compensation Programs – Interview with David Lagasse, Member, Mintz Levin
A year or so ago, a good friend of mine who is an ERISA §3(38) fiduciary won a case from a disgruntled broker who claimed that all 3(38) services was just marketing. A 3(38) fiduciary that does a competent job and assumes...more
SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the...more
What happens when the employee who set up the company’s LinkedIn account leaves? ...more
With the continually increasing popularity of social media websites like Facebook, Twitter, and LinkedIn, where members can be connected to friends, family members, co-workers, clients, and potential clients all by logging in...more
In This Issue:
Regulatory Updates -
SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in...more
LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...more
Originally published in The Recorder on March 22nd, 2013.
Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more
California Code of Civil Procedure Section 877 (CCP 877) modified what is commonly referred to as the common law release rule. Prior to 1957, that rule held that the release of one tortfeasor given by a plaintiff had the...more
Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more
Employers have a lot on their plates for 2013 based on employment law developments during 2012. Here’s a short list of some issues that need to be addressed. It is not a comprehensive listing but offers highlights in certain...more
Under California law, the recovery of attorneys’ fees are authorized by statute in a variety of situations. Among these are contract disputes.
The “prevailing party” in a contract dispute is entitled to recover their...more
New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more
Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention.
In the rush to...more
In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will.
In Veronese v. Lucasfilm LTD (12/10/2012) a job...more
A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more
According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more
Companies can employ process management techniques to run more efficiently and reduce future legal costs. Among the many steps a company can take in this regard with respect to legal services are the following:
Small businesses can benefit from operating as corporations. If a small business is not a corporation it is most likely operating as a sole proprietor (one person) or partnership (two or more owners).
But neither a sole...more
The same tools and practices that help technology users maintain and administer their computer systems in an efficient and confidential manner may also be used improperly to spoil digital data and other evidence that is...more
A recent North Carolina case, Perficient v. Pickworth (8/6/12) points out the importance of including provisions in business and employment contracts under which the parties agree where litigation will take place (a forum...more
This case underscores the significance for employers to create and maintain social media policies that address the control and ownership of company-sponsored social media accounts.
Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits.
Courts don’t like fishing expeditions and will use state and federal laws to deny...more
California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more
Some argue that contracts need not be “filled with mind-bending legal gibberish” and that plain simple everyday language will suffice.
Perhaps attorneys need to take a deep breath of fresh air and let go of the legal...more
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