The Computer Fraud and Abuse Act and Former Employees
June 23, 2009
Laptops, thumb drives, data sticks, e-mails, and USB ports make it easy for employees to walk out of a company with valuable information, customer lists, and trade secrets. An employer's remedies are often limited.
Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions
May 26, 2009
Recent statutory and regulatory enactments have been widely debated and publicized. Equally important, but without any of the public comment and debate, have been four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and 42 U.S.C. ' 1981
14 Penn Plaza's Impact on Collective Bargaining
May 26, 2009
In <i>14 Penn Plaza v. Pyett</i>, the Supreme Court clearly stated that a union-negotiated arbitration agreement can bind individual employees to arbitrate statutory discrimination claims. Accordingly, employers and unions should consider taking advantage of the benefits of arbitration ...
CA Employment Lawyers Saw Fourth-Quarter Surge
May 26, 2009
Employment lawyers across the San Francisco Bay Area are in awe of the ferocity of the economic slide, which for many has already translated into more work. Many Bay Area partners at firms big and small say their employment work really surged in the fourth quarter of 2008, and many expect the increase to continue.
Representing Both Defendant-Employer and Defendant-Employee
May 26, 2009
The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits against not only the corporate employer, but also individual supervisors.
Tips for Drafting Employee Handbooks
April 27, 2009
The purpose of this article is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook.
Poorly Drafted Severance Agreements
April 27, 2009
As recognized in a recent decision from the Maryland Federal Court, a poorly drafted severance agreement can prove to be a very expensive mistake. This article takes a closer look at this decision: <i>Equal Employment Opportunity Commission v. Nucletron Corporation.</i>
The Growth in Wage-and-Hour Claims
April 27, 2009
This article explores some of the most common FLSA issues that employers confront on a daily basis, and ways to avoid being a victim of this FLSA wave.
