Labor and Employment

Controversial “Persuader Rule” Postponed Again

Publication of a controversial rule that would significantly change how an old labor law works has been postponed by the […]

A Deeper Look At Recent EEOC Charge Stats

What mean for employers as they plan for training in 2014.

Recommendations in Response to the EEOC’s New Lawsuit on Severance Agreements

Employers should take note of the EEOC’s new position toward release agreements, review their standard separation agreements, and consider taking prophylactic steps to guard against similar claims.

Should Background Checks Be On Your New Employee Checklist?

Recent EEOC rulings against prescriptive background check policies mean companies may not have blanket policies on criminal checks into applicants or employees – but they shouldn’t get rid of checks altogether.

Proposed Tax Reform Bill Includes Momentous Changes to Executive Compensation Laws

A tax reform proposal introduced late last month has little chance of becoming law, but the dramatic IRS reforms – including changes to executive compensation provisions – may serve as the blueprint for future efforts.

Company Insider Can Leave, Take Business, Not Breach Fiduciary Duty

A Massachusetts court rules that a part owner and key employee of a closely held company who left and started […]

No Right To Jury Trial For Dodd-Frank Whistleblowers

A district court has ruled that an employee who sues under the whistleblower provision of Dodd-Frank has no right to […]

You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

In an Alabama ADA case, the district court found that, while an employer outright stated they felt an employee was overweight, there was no evidence to suggest the company regarded weight as a disability.

OSHA Issues Interim Final Rule for FSMA Whistleblower Claims

OSHA has issued an interim final rule establishing procedures for handling whistleblower complaints under the Food Safety Modernization Act, streamlining the procedures with its other whistleblower regulations.

Not All Offensive Behavior is Actionable

As a recent Arkansas case demonstrates, just because an employee’s behavior may be deplorable doesn’t mean it will stand up as harassment in court.

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