Labor Relations and the Supreme Court
November 21, 2008
This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.
No Rehire and No Comment Clauses in Severance Agreements
November 21, 2008
Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.
As the Economy Stumbles, Employment Discrimination Claims Climb
November 21, 2008
The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.
The ADA Amendments Act
November 21, 2008
On Sept. 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. This update to the Americans with Disabilities Act ("ADA") and will take effect on Jan. 1, 2009. Here's what it means to your practice.
Think Twice Before Reading Employees' Text Messages
October 29, 2008
A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In <i>Quon v. Arch Wireless Operating Co, Inc. et al.</i>, the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.
Verdicts
October 29, 2008
Recent rulings of importance to you and your practice.
No Genes in the Workplace
October 29, 2008
On May 21, 2008, President Bush signed into law the Genetic Information Non-Discrimination Act of 2008. This act prohibits employers and insurers from discriminating against individuals based on an individual's genetic information. The Act, which, on the employment side, is patterned after Title VII of the Civil Rights Act of 1964, creates a new federal cause of action for genetic discrimination, providing for jury trials, compensatory damages and punitive damages.
