Managing Security Risks During Labor Disputes
October 02, 2015
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
New York State's New Maintenance Legislation
October 02, 2015
The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ' 236 and spousal support under Family Court Act ' 412.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
Advanced Payments Denied Priority
September 02, 2015
Advancement claims of executives are not entitled to priority over other claims against an entity in receivership, the Delaware Court of Chancery has ruled in a case of first impression.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
September 02, 2015
In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the National Labor Relations Board's 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.
Abercrombie Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie</I>. The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
How to Determine a Diligent Job Search
August 02, 2015
If a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award.
District Court Refuses to Disrupt Employer's Hiring Decision
August 02, 2015
Discrimination claims based upon an employer's failure to promote or hire remain among the more difficult claims for employees. Employees seeking to demonstrate discriminatory animus must demonstrate both comparable qualifications to the selected candidate and pretext in the decision-making process.
How to Determine a Diligent Job Search
August 02, 2015
If a plaintiff in a discrimination case or a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award. Frequently, this requires consultation with, or testimony by, a vocational or employability expert.
