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By Jonathan Segal
The ADA prohibits employers from discriminating against individuals with disabilities. Yet, the law also makes it more difficult for us to reach out and help employees with performance problems where we suspect that the performance problems may be due to a physical or emotional condition. If an employer raises a suspected disability in the context of performance management, this well-intended desire to help may become the factual predicate for a perceived disability claim if the employee subse
By Jonathan Segal
If an employer has an actual practice of making deductions inconsistent with the salary basis requirement, then the employer may forfeit the exemption not only for the employee subject to the deduction but also for all other employees who report to the same manager responsible for the deduction. The potential for class actions is clear so read carefully!
By Jonathan Segal
If you pay an employee severance, you risk having your severance fuel the litigation against your organization, unless you make a general release for the quid pro quo for the severance.
By Joseph Bright
With one dissent by Justice Thomas Saylor, the Pennsylvania Supreme Court affirmed per curiam a decision of the Commonwealth Court that a provider of cellular service is not entitled to the manufacturing or public utility exclusions for Pennsylvania Sales and Use Tax purposes.
By Jonathan Segal
It is more than five years since the United States Supreme Court issued its decisions in Faragher v. City of Boca Raton, 118 S.Ct. 2257 (1998) and Burlington Industries, Inc. v. Ellerth, 118 S.Ct. 2275 (1998). While these decisions made it easier for plaintiffs to prevail in sexual harassment cases, they also include a valuable affirmative defense for employers.
By Jennifer Ranji
The Department of Homeland Security recently announced that it will soon be issuing changes to the Safety Act application forms and process. This is good news for companies hoping to avail themselves of the Safety Act's important protections
By Keith Krasney
The SEC has finally proposed regulations focused solely on the issuance of asset-backed securities, designed for the nuances of this specialised marketplace
By Richard Gilly
As of January 1, 2004, federal antispam legislation, referred to as the CANSPAM Act ("the Act"), has preempted state laws seeking to regulate unsolicited, "commercial e-mails" (as defined in the Act).
By Herbert Henryson
There has been very extensive publicity and concern about increased liability for officers and directors of public companies under the Sarbanes-Oxley Act. Far less publicity has been given to a number of recent cases which also expand the liability of corporate officers and directors, including those of privately held companies, under state corporation laws.
By Jay Dubow
A number of factors have increased the potential exposure of individuals serving as directors and officers of public companies to claims by plaintiffs' lawyers. In particular, the notoriety of numerous large and well publicized financial frauds has created a strong anti-corporate bias in prospective jurors and the judiciary.
By Jennifer Ranji
Rep. Jim Turner, a Congressman from Texas and the Ranking Member of the House Select Committee on Homeland Security, has introduced a bill, H.R. 3871, to support collaboration between United States and Israeli companies developing or providing anti-terrorist technology.
By Jodi T. Plavner
On April 20, 2004, the United States Department of Labor (DOL) announced the final regulations governing overtime eligibility for "white-collar" workers under the Fair Labor Standards Act (FLSA). These long-awaited and heavily-debated final regulations take effect August 23, 2004, 120 days after publication in the Federal Register.
By Jennifer Blum Feldman
Both Title VII and Executive Order 11246, which imposes affirmative action obligations on federal contractors and subcontractors, require employers to retain certain information regarding applicants, but what is an applicant? The question was easily answered in the pre-Internet age. However, as the number of employers filling open positions through the Internet has grown, the question has become more difficult to answer.
By William Wright
The IRS has provided guidance on a new Health Savings Account for employees.