Hiring a New Employee: How to Protect Yourself
May 05, 2004
Avoiding litigation risks involves focus. One of the key areas of focus should be on hiring; more specifically, the application process. Over time, employers have found questions of what can, and cannot, be asked during an interview to be particularly troublesome. Similarly, use of consumer reports has proven equally concerning. While employers have struggled to find footing in these areas, an additional concern has risen: How to handle job applications submitted via the Internet.
How to Mediate and Win
May 05, 2004
Mediation is not litigation. Many lawyers, though, approach mediation with courtroom techniques that may not advance their clients' interests. Today, when court-sponsored mediation is increasingly common, and especially where the parties are paying for the services of a professional mediator, you owe it to your clients to get the most out of the process. This article focuses on the mediation of employment disputes and identifies some of the most familiar pitfalls for lawyers. Avoid them, and your clients will come out of mediation with better results.
Overtime Changes Are Here
May 05, 2004
On April 20, 2004, the US Department of Labor (DOL) released its much-anticipated changes to the Fair Labor Standards Act (FLSA) overtime regulations. The new rules revise the salary and duties tests used to determine whether an employee is entitled to overtime pay under federal law. Organized labor and other groups had criticized the DOL's proposed rules, claiming they would deny overtime pay to numerous employees who currently are entitled to such additional pay. The DOL appears to have taken into consideration some of the concerns voiced by the critics during the rulemaking process. The final rules were scheduled to be published in the April 23 Federal Register, and will take effect on Aug. 21, 2004.
The 'Doctrine of Necessity'
April 26, 2004
Last month, we explained that a bankruptcy court lacks "either the statutory or equitable power to authorize" the debtor's payment of pre-bankruptcy nonpriority unsecured claims, as noted in <i>Capital Factors, Inc. v. Kmart Corp. (In re Kmart Corp.)</i> We explained that the clear, no-nonsense opinions of the district court and the Court of Appeals reversed four bankruptcy court orders, and we explained why the Seventh Circuit's <i>Kmart</i> decision is noteworthy. We went on to discuss the "Doctrine of Necessity" (the Doctrine), a current justification used by some bankrtupcy courts to permit the post-petition payment of certain assertedly "essential" pre-petition claims in Chapter 11 reoganized cases. This month, we discuss Principal Judicial Precedents, Decisions Favorable to the Doctrine, Cases Rejecting the Doctrine, and The Rebirth of the "Doctrine of Necessity."
Litigation
April 22, 2004
Recent rulings of importance to you and your practice.
Life Insurance and Divorce
April 22, 2004
Life Insurance is an important matter in most divorces. There are a host of issues that are not addressed in the typical negotiation. Consider the following sample insurance clause from a Property Settlement Agreement (PSA): <i>The husband shall maintain life insurance for the wife having an aggregate death benefit of $250,000. Said obligation shall be terminated if the husband's obligation to pay alimony is modified/terminated. The husband shall maintain life insurance having an aggregate death benefit of $250,000 for the benefit of the unemancipated children. Said benefit shall be reduced by $75,000 upon the emancipation of the first child and again upon the emancipation of the second child. The obligation to maintain any life insurance for the children shall terminate upon the emancipation of all Three (3) children.</i>
One-Way Age Discrimination
April 07, 2004
Does the Age Discrimination in Employment Act (ADEA) protect an employee regardless of his or her age, once that employee turns 40? The EEOC's regulation provides that it does, stating that the ADEA works both ways once someone reaches protected status at age 40. Finding this regulation "clearly wrong," the Supreme Court recently held in <i>General Dymanics Land Systems Inc. v. Cline</i>, 124 S. Ct. 1236 (2004), that the ADEA does not protect younger employees who are treated less favorably than older employees.
