Addresses the dangerous power that Kasky threatens to unleash on the business community and suggests how you, as in-house counsel, can stem the tide of this unwarranted expansion and help protect your company from having to defend against a meritless but costly lawsuit.
This article addresses whether outside investigative counsel are subject to the up-the-ladder reporting requirements of Part 205 or whether they ultimately retain control over that decision.
Dealing with employee issues can be as amusing as "A Midsummer Night's Dream," as tragic as "Romeo and Juliet," as perplexing as Hamlet's choice, and at times, as blood as "Macbeth." As the study of Shakespeare is essential to any English major, experience with employment law and related issues is indispensable for the in-house lawyer.
Are communications with your insurer protected from third party disclosure? Maybe so, maybe not. The modern rule is that, in order to be protected from compelled disclosure, the communications must clearly fall within the ambit of one of the traditional privileges: the attorney-client privilege, the work product doctrine, or the “common interest” extension of the foregoing protections.
This article discusses whether the OFCCP - the agency charged with enforcing the federal affirmative action regulations - regulations cover your company and can help you reduce or eliminate problem areas before the OFCCP becomes involved.
The U.S. Supreme Court decision in Desert Palace marks a dramatic change in the analysis of discrimination claims, which will be felt in the type and number of potential plaintiffs filing claims, the defensive strategies considered in response, and the way that courts dispose of employment law claims. Although the full effects of the decision have yet to be seen, companies should take steps to increase consistency and documentation of discipline and discharge decisions and to train managers and supervisors regarding acceptable workplace conduct and equal employment opportunity compliance. This article will show you what steps to take now.
Because the Morgan decision and subsequent case law provide little guidance on what constitute appropriate "intervening actions" of an employer, this article proposes steps that may constitute such actions.
The human resources ("HR") audit is a valuable tool in the in-house counsels risk management toolbox. It can help you to identify and correct weaknesses in HR practices and processes before someone mishandles or overlooks an employment situation, possibly giving rise to litigation. This article gives you practical pointers on how to launch an HR audit, specifically, how to make the business case to your company decision makers, how to select the people who will perform the audit, how to make the audit thorough and meaningful, and how to make effective use of what the audit reveals.
Tips for new in-house attorneys with an Arnold Schwarzenegger twist. Let the multiple talents of Governor Schwarzenegger's filmography give multitalented in-house counsel a few lessons on professionalism.
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