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By S. Kato Crews
The Supreme Court recently let stand a case holding that the National Labor Relations Act ("NLRA") preempted state law claims brought by a non-union company against a union "salt." (A "salt" is a union organizer who tries to get hired at a non-union company in order to organize the company from within.)
By Eric Hall
Bill Gates predicted what IBM missed: that the currency of the computer revolution would not be mainframes but desktops (and now laptops, PDAs, and cell phones). Personal computing devices allow us to move information-even massive amounts of information-with just a few keystrokes or clicks of a mouse.
By Michael Nosler
Under Title IX, an educational institution receiving federal financial assistance may not discriminate against any person on the basis of sex. Courts have interpreted Title IX as prohibiting diverse forms of intentional gender discrimination.
By Jan Steinhour
Our clients ask us some very interesting benefits questions. Here are some of their COBRA questions and the answers to them.
By James Walker
In tight real estate markets, developers look for "marketing edges" that will spur sales. Such advantages often come in the form of recreational amenities, such as greenbelts, hiking and biking trails, parks, playgrounds, clubhouses, tennis courts, swimming pools, and even golf courses.
By Samuel Ventola
So a "problem employee" has resigned before you had to terminate him. Your problems are over, right? No employee who has resigned can bring a claim against her employer, can she?
By Sandy Murphy
Employee benefit plans represent a major investment of time and money by an employer. Employee benefits are a significant component of total compensation and are therefore an important link between the employer and its employees.
By Michael DeBoer
On March 30, 2005, the U.S. Supreme Court issued a decision that has important implications for employers and employees. The Court determined that the Age Discrimination in Employment Act (ADEA) protects workers who are 40 years of age or older against employment practices and policies that disproportionately affect older workers.
By Michael Nosler
We have all read the news accounts about some disgruntled employee showing up at the workplace and firing on his fellow employees and innocent bystanders. We've even coined a colloquial term for this terrible phenomenon: "going postal."
By Brent Cohen
On March 10, 2005, the Senate passed a sweeping overhaul of consumer bankruptcy law. Congress has debated passage of amendments to the U.S. Bankruptcy Code, 11 U.S.C. § 101, et seq., for the past eight years. As a response to what the business community and financial industry viewed as a meteoric rise in bankruptcy filings during the last two decades, Congress undertook to produce a sweeping overhaul of the consumer bankruptcy laws.
By Sandy Murphy
As employers search for new ways to control the increasing cost of providing health-care coverage to their employees, they need to understand the alphabet soup of health-care reimbursement arrangements available under existing law.
By S. Kato Crews
It's a regular Old West showdown: at one end of the dusty road are congressional Democrats with their Employee Free Choice Act; at the other end are congressional Republicans with their Secret Ballot Protection Act. Partisan politics has set the stage for a battle that may end in an amendment to those provisions of the National Labor Relations Act (NLRA) that govern union organizing.
By Scott Browning
A key plank of President Bush's reelection campaign was his promise to curb perceived legal system abuse. In the first month of the President's second term, the Republican-controlled Congress passed the Class-Action Fairness Act of 2005 (the Act). President Bush signed the bill into law the day after its passage.
By Robert McCormack
Over the last several years, corporate governance has become a hot topic among politicos, in the courts, and perhaps most important, in the court of public opinion. Scandalous stories involving Enron, Tyco, Adelphia, Martha Stewart, and the New York Stock Exchange/Dick Grasso have all made front-page news on multiple occasions. With the enactment of the Sarbanes-Oxley Act of 2002, Congress implemented sweeping reforms, dramatically affecting public companies (and in some instances, private compa
By Gilbert Román
Failure to investigate a complaint of discrimination or harassment can lead to liability under the anti-discrimination laws. Moreover, the employer can be held liable for punitive damages because of management's failure to investigate. Courts have found that no investigation can be evidence that the employer acted with "malice or reckless indifference" to the employee's federally protected rights.