Employee-Related Litigation
November 30, 2015
Business bankruptcy filings are down significantly from their high point during the Great Recession. What appears to have replaced foreclosures and institutional debt issues as the straw that breaks the camel's back is litigation. In many cases seen locally (in the Central District of California), the nature of litigation that pushes a company over the line comes in the form of employee-related causes of action.
For-Profit Colleges
November 02, 2015
The author opines that If Chapter 11 were available to post-secondary schools, rehabilitation for those schools whose problems are balance-sheet issues but not academic or management, would be possible. The result, among others, would be to preserve the institution, the value of credits earned by students and the value of degrees confirmed to alumni.
Addressing the Dissipation of Marital Assets in a Divorce Case
November 02, 2015
At what point does one spouse's gifts to family and friends, or their bad investments and/or extravagant spending, become considered dissipation in the eyes of an adversary looking to review a case or the judiciary, and what remedies are available to a spouse where a dissipation has been found to have occurred?
Changes in CA Law Drastically Affecting Business Owners
November 02, 2015
California is cracking down on companies that skirt labor and tax laws by misclassifying workers as independent contractors, and the state has instituted a major change by providing mandatory paid sick leave to nearly all employees in the state. Businesses must be aware of these changes and review their policies and contractual relationships to ensure compliance.
Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
November 02, 2015
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this author has pointed out, there is at least one prominent federal judge who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases.
Who Are 'Employees' and How Should We Treat Them?
November 02, 2015
The 2014-15 New Jersey Supreme Court term brought major decisions on diverse employment law issues 'employer liability for sexual harassment, how to determine whether a worker is an "employee" for purposes of wage and hour laws, the extent of protection afforded watchdog employees under the 'Conscientious Employee Protection Act (CEPA), and the negotiability of furlough decisions by municipal employers.
The NLRB Joint Employer Ruling
November 02, 2015
On Aug. 27, the NLRB issued a sweeping decision that expands the definition of "joint employer" for purposes of the National Labor Relations Act (NLRA). Here's what you need to know.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
October 02, 2015
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Employees with Duty to Report Bias Protected from Retaliation
October 02, 2015
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
