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We found 1,062 results for "Employment Law Strategist"...

Employee Drug Testing: Third Parties' Duty of Care
In April, Pennsylvania became the latest state to hold that a company hired by an employer to administer employee drug tests owes a duty of reasonable care to the employees subjected to those tests.
Recent Developments from Around the States
National cases of interest to you and your practice.
National Litigation Hotline
Recent cases of importance to your practice.
After Iraq: Obligations to Your Returning Military Employees
According to recent reports, approximately 220,000 reservists and National Guard members are on active duty. With the first phase of the Iraqi war at an end, many of these individuals are, or may soon be, returning home. This article answers some of the most frequently asked questions by employers concerning their obligations to employees while they are on military leave as well as when they return to work as civilians. An employer's obligation with respect to these issues is governed by the Uniformed Services and Re-employment Rights Act (USERRA or the Act), 38 U.S.C. ''4301 <i>et seq.</i>
Electronic Media: The Dark Side
The proliferation of electronic media in the workplace has greatly transformed business, enabling employees to communicate almost instantly with one another, and with vendors, clients and customers. The fantastic business advantages gained through advanced electronic media, however, can also negatively impact the workplace. Indeed, individuals may use electronic media improperly to infiltrate employer systems ' obtaining confidential, proprietary and sensitive information.
National Litigation Hotline
Recent rulings of interest to you and your practice.
Employee Stock Options: After the Dot-Coms
Employee stock option compensation, once the darling of the dot-com revolution, retains its popularity as an item of damages in wrongful termination matters. As wrongful termination claims mount, so do claims for economic damages involving stock options plans. Many of these reflect misconceptions over the nature of employee stock options, and questionable assumptions on the method of valuing the loss.
In the News
<i>Shellenberger v. Summit Bancorp Inc</i>. is a case that illustrates how a retaliation claim can often be more powerful than the discrimination claim that preceded it. When the case went to trial, plaintiff Sally Shellenberger was pursuing two claims under the Americans with Disabilities Act ' a discrimination claim and a retaliation claim.
FMLA Burdens of Proof: What You Need to Know
An important and developing issue under the Family and Medical Leave Act (FMLA or Act) is the appropriate burden of proof to be applied in assessing a plaintiff's claim. Soon after the FLMA became law in 1993, courts automatically applied the McDonnell-Douglas burden-shifting analysis in all FMLA cases, as they do when considering many other employment-related claims. After nearly 10 years, however, courts are now focusing more directly on burden shifting issues &mdash; and revising, if not clarifying, the law.
The Bankruptcy Hotline
The latest rulings of importance to you and your practice.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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