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We found 1,062 results for "Employment Law Strategist"...

Heads Up: Two Recent Cases Involving the FMLA
An in-depth discussion of two recent decisions about the sufficiency of FMLA notices.
Enron and Anna Nicole Smith
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
<B>BREAKING NEWS:</B> Wal-Mart Loses $6.5 Million Wage-and-Hour Class Action
On July 1, after a three-month bench trial, a state court judge in Minnesota ruled that in failing to provide rest breaks, Wal-Mart broke state labor laws more than 2 million times. Judge Robert King Jr. awarded $6.5 million in compensatory damages to the class, which consists of about 56,000 Wal-Mart employees in Minnesota.
CA Justices Rule in Dispute over Artificial Insemination
Less than two weeks after stunning the nation by upholding marriage rights for same-sex couples, the California Supreme Court in May seemed poised to deliver another victory for gay rights. <i>North Coast Women's Care Medical Group v. Superior Court.</i> Specifically, the court gave every indication during oral arguments in San Francisco that it would rule that doctors cannot invoke their religious beliefs to deny gays and lesbians medical services.
Managing the Risks of Telecommuting
In order to minimize the legal risks presented by telecommuting employees, a prudent employer will enter into written agreements with its telecommuting employees, setting forth the obligations and expectations of each party involved in the telecommuting relationship.
Special Issue: Telecommuting: The Legal Risks of Telecommuting
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
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
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.
<b>BREAKING NEWS:</b> Supreme Court Makes It Easier For Employers to Sue for Retaliation
In a pair of workplace discrimination cases, the Supreme Court on May 27 made it easier for workers to sue employers who retaliate against them for reporting bias.
Retaliation Claims.
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.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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