Injunction of the DOL's Overtime Rule and Its Appeal
February 01, 2017
Is the Department of Labor's overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
Did the New Cause of Action for Job Applicants Under the ADEA Get Axed?
February 01, 2017
In <i>Villarreal v. R.J. Reynolds Tobacco Co.</i>, the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.
The Human Factor In Information Security
January 01, 2017
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
Non-Compete Clauses In California
January 01, 2017
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
Trust Issues: Pre- and Post-Nuptial Clauses
November 01, 2016
<b><i>Part One of a Two-Part Article</b></i><p><p>This article explores common provisions used in pre-and post-nuptial agreements and suggest how standard language might be modified to protect a client's rights or interests in trusts he or she formed before the marriage, or that family members formed naming him or her in various capacities.
Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1
November 01, 2016
The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.
Lower Pay for Women Partners in Law Firms
November 01, 2016
In the face of a glaring pay gap between male and female law firm partners, some firm leaders point to the emphasis on origination credit (bringing in new business) as the key culprit. But moving away from such a model may not be so easy.
Workplace Violence
November 01, 2016
<b><i>Minimizing Risk and Protecting Employees</b></i><p>According to the Occupational Safety and Health Administration (OSHA), approximately 2 million employees are victims of workplace violence each year. Violence in the workplace must be a top concern for employers, as no organization is immune from workplace violence and no organization can completely prevent it.
Restrictive Covenants and Whistleblowing
November 01, 2016
<b><i>Warning from the SEC</b></i><p>In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.
