NLRB Shields Online Rants
June 02, 2015
To some, a recent labor board ruling about social media marks the end of workplace civility. To others, it's a boost to protected speech.
Communicable Diseases
June 02, 2015
Ebola arrived in the United States last fall; measles resurged this winter; and this year's influenza strains were some of deadliest in recent memory. In light of these public health threats, employers are struggling to ascertain their rights and obligations toward their workforce, including those who are infected, exposed, or at-risk.
Long-Awaited Guidance on L-1B Visa Category Released
June 02, 2015
The highly anticipated draft Policy Memorandum (L-1B Memo) addressing the qualifying criteria for the L-1B visa category was released by U.S. Citizenship and Immigration Services (USCIS) on March 24, giving immigration practitioners and employers clear guidance on the definition of "specialized knowledge" and the standard of review USCIS adjudicators should apply when evaluating L-1B petitions.
How to Obtain Social Media Data for Defending Lawsuits
May 02, 2015
It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
In Texas, Litigants Have Two Options
May 02, 2015
Although the Texas Family Code does not authorize alimony as that concept exists in other states, two options exist for post-divorce support payments for Texas litigants.
Are You Paying Your Employees by Commission?
May 02, 2015
Many retail and service employers try to simplify their payroll obligations by labeling certain employees as "commission" or "commission only." While federal law permits this practice in some circumstances, the rules are complicated and present many traps for the unwary.
The Abercrombie Religious Discrimination Case
May 02, 2015
Religious diversity in the United States is increasing, and so are charges of religious discrimination. From 1999 to 2008, the U.S. Equal Employment OpportunityCommission (EEOC) received an average of 2,447 charges of such discrimination each year. Between 2009 and 2013, however, the EEOC received more than 3,000 such charges per year. In 2011 alone, the agency adjudicated 4,151 charges of religious discrimination.
Case Notes
April 27, 2015
Wal-Mart Hit with Two Overtime Suits Two wage-and-hour lawsuits, one brought as a class action and the other as a collective action, are proceeding against Wal-Mart. The company had moved to dismiss both suits, which allege that assistant store managers weren't paid for their overtime hours, but a federal judge in Pittsburgh denied the motions and allowed the suits to proceed. …
2016 Budget Targets Retirement
April 02, 2015
In February, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican-led Congress, the President's budget may be "aspirational.
Credit Bidding: Secured Creditor Beware
April 02, 2015
The right to credit bid under section 363(k) of the Bankruptcy Code can be an important safeguard that protects a secured creditor against the risk that its collateral may be undervalued at an asset sale, and courts have traditionally described a secured creditor's right to credit bid as fundamental and near absolute. However, as some bankruptcy courts have recently reminded us, the right is not absolute, and may be limited by the bankruptcy court "for cause" under section 363(k) of the Bankruptcy Code.
