I have heard from many lawyers who have reluctantly adapted to virtual mediations that even though Zoom and other platforms work well for mediations, they do not work so well for arbitrations. These lawyers have asked that I...more
11/11/2020
/ Arbitration ,
Arbitrators ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
Mediation ,
Mediators ,
Remote Hearings ,
Videoconference ,
Virtual Meetings ,
Witnesses ,
Zoom®
On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more
As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your...more
Employee versus Independent Contractor: The Latest -
Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific...more
In This Issue:
- You Can’t Fire Me... I’m on FMLA
- The Rise in Pregnancy-Related Employment Discrimination Claims
- Addressing Emotions That Drive Disparate Views of Fairness
- Unpaid Interns Gain...more
In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many...more
On July 29, 2014, the National Labor Relations Board (“NLRB”) issued a brief statement that could turn labor law in the world of franchising upside down. The NLRB’s General Counsel stated that it plans to go forward with a...more
Many employers lawfully require all employees, as a condition of employment, to arbitrate any disputes arising out of the employment relationship. Typically, such arbitration agreements include claims for wrongful...more
In an old commercial, a mechanic hands a large bill to a customer for repairs to an engine damaged because the customer had not replaced a $4 oil filter. As the commercial ends, the mechanic looks directly at the camera and...more
All of us have been to supermarkets, drugstores and department stores where the cashiers stand at their checkout stations. But could this be a violation of law? Should the employer be obligated to provide seating for its...more