Mother Loses Custody after Tour in Iraq
April 28, 2008
A New York appellate court affirmed a family court ruling that granted primary physical custody of a child to his father after the mother went through a period of absence and upheaval starting with her tour of duty in Iraq.
Even Non-Union Employees Have Rights Under the NLRA
April 28, 2008
Even in today's increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.
The Employment Discrimination Class Action Is Alive and Well
April 28, 2008
Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.
A New Avenue for Retaliatory Discharge Claims
April 28, 2008
As courts across the country continue to visit the issue of employment-at-will, the results show states continuing to chip away at the once mighty doctrine. Here's a look at one such case in Tennessee.
Background Checks: Handle with Care!
April 28, 2008
Many employers routinely conduct background checks on applicants and employees to verify their prior employment history. Oftentimes, an outside service is used to obtain the critical information and then provide a brief analysis as to its significance. However, as demonstrated in a decision from the Maryland Court of Special Appeals, both the employer and outside contractor can be sued for defamation ...
Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
March 28, 2008
You might not have followed, or might not even be aware of, a suit by former Sullivan & Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.
The Duty to Accommodate Employees 'Regarded As' Being Disabled
March 28, 2008
What obligations does an employer have under the Americans With Disabilities Act (ADA) to accommodate the impairments of employees who are 'regarded as,' but not 'actually,' disabled? This tricky question has created a split in the U.S. Circuit Courts of Appeal, leaving employers with little uniformity or clarity on the issue.
The NLRB in 2007
March 28, 2008
In 2007, the National Labor Relations Board ('NLRB'), a majority of which was composed of appointees of President Bush, issued a series of important and, in some cases, unanticipated decisions. To the labor community, the decisions represented a significant roll-back of well-established employee rights, while to the management community, they represented hard-won but less-than-revolutionary changes in some settled rules.
Employees' Inventions: Who Owns What Rights?
March 28, 2008
What rights does an employer have in an employee's patent? The short answer is, it depends. The employer may have a right of assignment — that is, a right to outright ownership of the patent. Another possibility is a so-called 'shop right,' in which the employee owns the patent, but the employer has a non-exclusive, non-transferable license to use the invention in its business. There is also a distinct possibility that the employer has no rights whatsoever in the patent.
Strategic Uses of a Rule 2004 Exam
March 28, 2008
While most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.
