Labor and Employment

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.

New DOL Rules Heighten Duties, Personal Liability, Of 401k Sponsors

Business owners who offer a 401(k) plan are required to comply with the Employee Retirement Income Security Act, a complex […]

Indemnification Clauses Not Fool-Proof For Co-Employment Liability

Shielding your company from co-employer liability takes more than a contract clause. Courts look at the nature of a company’s […]

How To Tell If You Got A Bonus

Employers in Massachusetts are subject to treble damages for failing to pay wages, but the state’s wage act is vague […]

Overtime Pay For Attorneys

In a comment on lawsuits filed by attorneys who claim they were not performing “attorney” work and are therefore entitled […]

Patenting Headache When Employee-Inventor Leaves

Companies need to monitor the movement of inventors in and out of their institutions…

Super-Secure “Blackphone” May Be First In Wave Of BYOD-Friendly Phones

With BYOD concerns for employers on the rise, the race is on for mobile software developers to tap the emerging […]

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