Special Issue: Telecommuting: The Legal Risks of Telecommuting
June 30, 2008
This article focuses on key legal duties engendered by telecommuting arrangements; the significant legal risks triggered by regular or periodic work-at-home arrangements; and practical steps employers can take to mitigate these risks.
Special Issue: Telecommuting: Office Space Without Walls
June 30, 2008
This article does not attempt to provide a comprehensive list of every issue that telecommuting presents, but rather, examines some of the most important issues in the following four areas: employee status for tax purposes; wage and hour; reasonable accommodation under the ADA; and workers' compensation.
Judge Rejects Ex-Wife's Bid for Lifetime Maintenance
May 28, 2008
Noting that Americans are living longer with fewer financial resources, a Long Island, NY, judge has refused to order a 59-year-old car salesman to pay lifetime maintenance to an ex-wife with health problems.
Retaliation Claims.
May 28, 2008
Retaliation claims are on the rise. Commonly brought under state or federal discrimination laws, wage/hour laws, Sarbanes-Oxley, or other regulatory schemes, such claims are becoming more prevalent. One likely reason for the rise in such claims is that they are viable even when the claim of discrimination or illegal conduct that underlies the alleged retaliation is determined not to have merit. This article contains savvy advice for employers.
Paying Now to Avoid Paying Later
May 28, 2008
Unwary employers, particularly federal contractors or subcontractors, who do not regularly review their own compensation practices, remain at risk for costly litigation. Here's why.
Avoiding State Law Pitfalls
May 28, 2008
Navigating the treacherous waters of federal employment law is not easy. Well-intentioned employers can unknowingly violate some of the more complicated (albeit well-known) laws like the Family & Medical Leave Act and the Americans With Disabilities Act due to a lack of familiarity with the applicable regulations or the case law interpreting them. When an employer has operations in multiple jurisdictions, the analysis becomes even more complex due to circuit splits on pivotal issues.
Reasonable Accommodation of Religion Under Title VII
May 28, 2008
Employers are increasingly faced with the challenge of responding to employee requests to be relieved of work requirements related to religious beliefs and observance. This article provides general background regarding the definition of 'religion' and 'religious belief' in the context of providing a religious accommodation, and an overview of the growing body of case law that deals with the employee's right to seek and the employer's obligation to provide a 'reasonable accommodation.'
Rediscovering Chapter 9 As Financial Woes of Municipalities Escalate
May 27, 2008
Last month, the authors discussed the fact that even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 Chapter 9 cases have been filed during that time. Municipal bankruptcy cases ' or, more accurately, proceedings involving the adjustment of a municipality's debts ' are a rarity, compared with reorganization cases under Chapter 11. This, however, may be changing. The authors now continue that discussion.
