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Wellness Programs
The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
'Help, I Need an Attorney'
So much is written in our pages about how to capture the ideal client. About how to market to that client, how to win his or her business and, if that client represents a business in turn, how to win and keep that business too. It's a worthy ideal, especially in today's competitive law environment. All you have to do is pick up any copy of Marketing the Law Firm and our nationally known experts will'
Movers & Shakers
Who's doing what; who's going where.
Reduce Workers' Compensation Costs
Unfortunately, the typical employer's focus on total workers' compensation claims costs from one year to the next is incomplete and shortsighted. It fails to recognize or measure what is driving the claim costs. If the average medical cost per claim increased, was it simply a matter of medical inflation or did it have anything to do with something the employer could control? If it went down was it luck or a result of the employer's actions? What is needed are tangible and measurable metrics of factors driving claims costs. This focus has several advantages. First, it inherently takes a long-term view enabling employers to understand the underlying circumstances and conditions that are driving up work-related injury costs. Second, it isolates measures of the value of the employer's actions. This approach is much more than a difference in semantics; it not only will drive decisions in a different direction but it may also entail significant changes in an organization's management of Workers' Compensation.
Securities Industry Employment Disputes
Author Carol A. Wittenberg, who has served on the Major League Baseball/Players' Association salary arbitration panel for the past eight years, as well as mediating and arbitrating numerous financial disputes in the securities industry, explains the different methods of arbitration that work--and do not work--in the volatile securities industry.
Sexual Harassment Victims and the 'Reasonableness' Equation
When a supervisor is identified in a lawsuit as the alleged harasser, the employer may still avoid liability, under certain circumstances, as long as the harassment did not result in a 'tangible employment action.' To this end, most, if not all, employers are intimately familiar with the U.S. Supreme Court's <i>Faragher</i> and <i>Ellerth</i> decisions issued in 1998. Yet during the past eight years since the decisions, employers have faced the brunt of scrutiny from courts evaluating the application of this affirmative defense.
Supreme Court Limits Time Frame for Filing EEOC Claims
On May 29, the Supreme Court made it significantly easier for employers to defend against Title VII workplace discrimination claims that are based on long-ago decisions about salary and raises. By a 5-4 vote, the Court said that employees claiming they received disparate treatment based on gender or race must do so within 180 days of the original discriminatory action ' not within 180 days of their last paycheck. Ledbetter v. Goodyear Tire &amp; Rubber Co., No. 05-1074.
The EEOC Is Thinking Big
Like most government agencies, however, the EEOC faces significant obstacles. Its budget is rigorously scrutinized each year. Staffing is down and the backlog of individual discrimination charges is up. Concerned members of Congress have petitioned key House appropriators for funding increases to boost the organization's frontline staffing. In light of all of this, newly appointed EEOC chair Naomi Earp has her work cut out for her. As Earp succinctly stated, '[o]ur challenge in 2007 is to make the most effective and efficient use of agency resources.' In other words, the EEOC must get more bang for its buck to remain effective. Enter the agency's new Systemic Discrimination Initiative. This two-part article discusses how EEOC plans to implement the Initiative.
<b><i>Online Exclusive: </b></i>Supreme Court Hands Gift to Employers
The Supreme Court on May 29 made it significantly easier for employers to defend against Title VII workplace discrimination claims that are based on long-ago decisions about salary and raises.
Verdicts
Recent rulings of importance to you and your practice.

MOST POPULAR STORIES

  • 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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