Why Are OSHA Inspectors In My Lobby, And What Should I Have Already Done To Be Prepared?
Americans with Disabilities Act: Reasonable Accommodations
Proposed Rule for Overtime Exemptions Issued by Department of Labor
Most Staffing and Recruiting Industry Non-Compete Agreements Unenforceable
Florida Non-Compete Litigation: Responding to Cease & Desist Letters
Enforcing Florida Non-Compete Agreements
Employee Poaching & Raiding Part II (Absent Restrictive Covenants)
Polsinelli Podcast - What Employers Need to Know About "Off the Clock" Cell Phone Usage
What is a hostile work environment?
How to Form an Effective CSIRT
Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims
What's Next in Employee Wellness: Impact of the Affordable Care Act and New EEOC Initiatives
How Might Your Company be Affected by West Virginia's Employment Law Changes?
To Be or Not To Be (an Employer)
Polsinelli Podcast - The Climate for I9 Audits in 2015
Correcting Problems With Your Retirement Plan
Jeffrey Koonankeil on How the EPL Landscape is Changing
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Pregnancy In the Workplace...Hot Off the Press
California Becomes Second State To Mandate Paid Sick Leave (AB 1522)
From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade...more
In This Issue:
- Can You Keep a Secret? There’s an App for That
- Do Snapchat or Confide Produce “Documents” in the Eyes of the Law? What about Evidence?
- Implications on Securities Fraud and Employment Issues...more
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
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
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