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Employment and Labor
Work Visa Classifications: Making Sense of the Alphabet Soup, by
Brenda Oliver.
Fulbright Counsel Brenda Oliver provides an overview of nonimmigrant visas and explains the "alphabet soup" of the various work visa classifications.
An update on FY2009 H-1 B cap filings and the current situation for bringing workers into the country are also discussed. This seminar provides information regarding the most common obstacles and most efficient methods for hiring and retaining individuals needed from abroad.
Non-Specific.
26 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
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Employment and Labor
Worker Classification: IRS Launches Questionable Employment Tax Practice Initiative, by
Kathryn Keneally .
Under pressure from Congress, the IRS has been aggressively attempting to reduce the tax gap – the annual shortfall between taxes owed and taxes paid. The IRS has been receiving leads on cases in which workers may have been misclassified, with 19,000 requests since 2004 to make a determination on whether a worker is an employee or an independent contractor (“SS-8” inquiries). By treating workers as independent contractors, some employers attempt to avoid paying unemployment insurance, workers’ compensation, Social Security taxes and the cost of withholding income taxes.
Non-Specific.
5 pages. Written:
2008. Added:
7-04-2008.
Journal of Tax Practice & Procedure
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Employment and Labor
Human Resources Forum, by
Eckert Seamans Cherin & Mellott, LLC.
Discussion on:
What is ‘Family Responsibility’ discrimination? And why all
the fuss?
Employer Responsibilities Under the Changing Immigration
Laws
Are You Your Employees’ Keeper? A Review of Employer
Liability for Workplace Violence
News You Can Use
Labor & Employment Practice Group Overview.
Non-Specific.
106 pages. Written:
2007. Added:
7-01-2008.
www.eckertseamans.com
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Employment and Labor
How to Avoid a Major Litigation Headache Under the Fair Labor Standards Act, by
Duane Morris.
These are some of the questions employers find themselves having to answer, under a microscope, when they become the next victims of a nationwide surge in legal actions under the federal Fair Labor Standards Act (“FLSA”) and related state laws. However, a veritable wave of FLSA actions has swept the country over the past few years, with no sign of abating. This article will focus on what drives these lawsuits and how you, as an employer, can avoid becoming a victim of one.
Non-Specific.
8 pages. Written:
2008. Added:
6-29-2008.
American Seniors Housing Association
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Employment and Labor
E-Discovery Keeps an Eye on the Job, by
A. Michael Weber.
This article focuses on the unique aspects of electronic discovery in employment-related litigation. As explained below, all is not "gloom and doom" for employers, but they should certainly exercise caution.
Non-Specific.
1 pages. Written:
2008. Added:
5-10-2008.
New York Law Journal
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Employment and Labor
Navigating a Reduction in Force, by
Karen G. Schanfield.
No matter what you call it—a recession, a sluggish environment, or a downturn—it’s clear that the economy is far from robust. Because job losses are an inevitable part of any economic downturn, it is wise to plan ahead, whether you believe your company will be able to weather the storm successfully or you expect to face the painful task of cutting jobs.
Non-Specific.
1 pages. Written:
2008. Added:
5-09-2008.
Website
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Employment and Labor
Dealing With Workplace Disabilities Under The ADA (Part 1), by
Anne Marie Estevez and Athalia E. Lujo.
Employees’ injuries, illnesses, and other disabilities pose complex legal problems for employers. Among the various statutes with which employers must comply when dealing with ill, disabled, or absent employees is the Americans with Disabilities Act (ADA), 42 U.S.C. §§12101-12213 (2006). Employers must consider how, if at all, they can accommodate disabled employees effectively in the workplace in order to avoid potentially costly litigation under the ADA.
Non-Specific.
7 pages. Written:
2007. Added:
5-09-2008.
ALI-ABA Business Law Course Materials Journal
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Employment and Labor
A Legal Minefield, by
Richard Barratt.
Tips on legal issues involved in outsourcing, including employment issues, tax, intellectual property and contracting issues.
Non-Specific.
3 pages. Written:
2007. Added:
4-04-2008.
Venture Magazine
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Employment and Labor
Five Must-Have Employment Defense Motions in Limine, by
Michael E. Brewer.
This article discusses five effective motions in limine specific to employment trials. Motions in limine may be brought to exclude evidence on the same grounds as any evidentiary objection made at trial. Trial courts have inherent power to entertain and grant motions in limine.
Non-Specific.
3 pages. Written:
2007. Added:
4-04-2008.
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Employment and Labor
The Legal Pitfalls of Diversity Policies, by
David K. Haase.
Diversity policies have become quite common in recent years. The cases
discussed below provide some guidance, the paucity of relevant authority makes it likely that there will be more litigation regarding such policies.
Non-Specific.
2 pages. Written:
2008. Added:
4-04-2008.
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Employment and Labor
Don't Just Wing It, by
Donald Benson and Gina Cook.
This article will first examine the nature & threat of the pandemic occurrence of a disease such as avian influenza & its possible effects on Tennessee business operations. Finally remainder of the article will highlight some of the major legal & logistical issues on which counsel should advise business clients in an effort.
Tennessee.
10 pages. Written:
2008. Added:
4-04-2008.
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Employment and Labor
Acquisition Checklist In Support of “Classic” Employment Litigation, by
Pogo Law.
This checklist should be used with a comprehensive diligence checklist provided by your in-house legal staff or outside counsel. The purpose of this checklist is to provide a structure for addressing the matters covered in connection with this presentation.
Non-Specific.
6 pages. Written:
2005. Added:
4-02-2008.
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Employment and Labor
Retaliation, Reprisal and Vengeance…How Does It Fit in the Workplace?, by
Marilyn M. Fish.
In this case, a female postal worker alleged that her supervisor had sexually propositioned her. In response to the woman’s complaint, her branch manager transferred the supervisor and eventually fired him after investigating the incident.
Non-Specific.
14 pages. Written:
2008. Added:
3-31-2008.
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Employment and Labor
State Of The Law 2007: Trends, Observations, and Cases, by
Gary L. Ingram, W. Gary Fowler.
Includes trends of the EEOC and the Agencies: fewer charges but more money and growth of retaliation claims.
Non-Specific.
22 pages. Written:
2007. Added:
3-11-2008.
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Employment and Labor
The FLSA: A Summary of the Law and Practical Applications, by
Diana Hoover.
This paper provides an introduction to the Fair Labor Standards Act and its requirements, an employer’s duties, recent FLSA matters addressed by the courts and the Department of Labor, and common practices that may result in violations of the FLSA, even when inadvertent.
Federal.
24 pages. Written:
2006. Added:
10-31-2007.
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Employment and Labor
Drafting Settlement Agreements for Employment Disputes, by
Wayne R. Outten.
Addresses negotiating and drafting settlement agreements for employment disputes. Settlements may come from direct negotiations between the parties (or their respective counsel), from mediation, or from negotiations before or during arbitration proceedings..
Non-Specific.
16 pages. Written:
2003. Added:
10-16-2007.
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Employment and Labor
The 10 Biggest Legal Mistakes Physicians Make in Their First Employment Contracts, by
Jennifer A. Stiller.
To avoid being burned by their first health care employment contract, physicians should follow three basicrules: Know what they’re getting into, consult a knowledgeable attorney, and get the details down in
writing, clearly stated.
Non-Specific.
5 pages. Written:
2005. Added:
10-01-2007.
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Employment and Labor
http://www.bickerstaff.com/files/BBY_Employee_Email.pdf, by
Employee E-mail and Internet Use Policies.
Public employers in Texas must bear
in mind that work-related e-mail may be subject to public disclosure under the Texas Open Records Act.2 & finally, in the litigation context, employers do not want employees to inadvertently create e-mail that waives the attorney-client privilege.
Non-Specific.
7 pages. Written:
2007. Added:
6-21-2007.
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Employment and Labor
Progressive Discipline Policies And Employment At Will, by
Myra A. McDaniel.
There are many good reasons for establishing progressive discipline policies.
However, often an employer hesitates to implement a progressive discipline policy for
fear that it will destroy the right to terminate employees under the “at-will” doctrine.
Non-Specific.
8 pages. Written:
2007. Added:
6-21-2007.
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Employment and Labor
FMLA Basics, by
Catherine Brown Fryer.
The Family and Medical Leave Act was enacted in 1993. The purposes of the Act are to allow employees to balance their work
& family life by taking reasonable unpaid leave in a manner that accommodates legitimate interests of the employer. Depicts What employees are eligible to take leave under the FMLA?
Non-Specific.
22 pages. Written:
2007. Added:
6-21-2007.
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Employment and Labor
A Growing Source Of Litigation Involving Governmental Employers, by
Cobby A. Caputo.
Retaliation claims are often more serious than discrimination claims that they accompany & can expose an employer to tremendous liability. Obviously, best
practice is not to retaliate in any manner against an employee who has exercised his/her rights under an antidiscrimination
statute or who has exercised their constitutionally protected rights.
Non-Specific.
13 pages. Written:
2007. Added:
6-21-2007.
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Employment and Labor
What To Do If A Complaint Becomes A Charge, by
Myra McDaniel.
A summary of prior settlements or substantiated complaints against the charged party; Locate applicable policies, regulations and relevant records of the alleged infraction.
Non-Specific.
20 pages. Written:
2006. Added:
6-21-2007.
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Employment and Labor
A Primer On The Freedom Of Religious Expression In Public Workplaces, by
Denise Nance Pierce.
The First Amendment applies equally to states and to political subdivisions. Therefore, local
governments must be careful to protect the First Amendment rights of their employees and patrons. The right to free exercise of religion often overlaps with the freedoms of speech and association.
Non-Specific.
13 pages. Written:
2006. Added:
6-20-2007.
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Employment and Labor
Another Day Off? Nuts & Bolts of Employee Leave, by
Catherine Brown Fryer.
The purpose of this paper is to identify the various types of employee leave that units of local government may or must provide to employees and to assist you in the development of personnel policies governing the taking of such leave. Please note that this paper does not address issues related to
municipal or county civil service.
Non-Specific.
27 pages. Written:
2005. Added:
6-20-2007.
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Employment and Labor
Immigration 101 for Municipal Employers: An Overview of Federal Employment Verification Requirements, by
Brad Young.
Municipal decision-makers need to remain aware of federal laws that protect individuals from discriminatory immigration-related employment practices. Fearing that the threat of sanctions might encourage employers to discriminate against individuals who looked or sounded foreign.
Non-Specific.
8 pages. Written:
2005. Added:
6-20-2007.
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Employment and Labor
Trade Secrets and Non-Competes in Texas, by
Alan N. Greenspan, Jackson Walker L.L.P..
The protection of trade secrets requires
a company to carefully assess which employees may have access and how that access will be monitored. This Article covers the intersecting topics of trade secrets and covenants not to compete
under Texas law.
Non-Specific.
17 pages. Written:
2007. Added:
5-05-2007.
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Employment and Labor
Did they turn out the light?, by
W. Gary Fowler and M. Scott McDonald.
Sheshunoff affects the most confusing and artificial part of Light: the part that did not allow for a unilateral contract. Footnote
6 in Light required proof of an otherwise enforceable ancillary agreement at the time the noncompete agreement is made that was not contingent on continued at-will employment.
Texas.
5 pages. Written:
2007. Added:
5-05-2007.
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Employment and Labor
Covenants/trade secrets: a Continuing Evolution, by
Patrick J. Maher.
“Litigation over agreements not to compete after the termination of employment has long been a staple of business litigation”. This article will begin by discussing the current status of the law of noncompetition agreements. Finally, the article will discuss what has been called a “doctrine” of inevitable or probable disclosure.
Texas.
19 pages. Written:
2005. Added:
5-05-2007.
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Employment and Labor
An Overview of Whistleblower Laws and Rights, by
Thomas Carpenter, Director.
This is no “catch-all” whistleblower
protection act or law. Instead, there are
many dozens of federal, state and
agency laws and rules that contain vast
differences in their scope of protection,
remedies offered, and even enforceability.
Non-Specific.
65 pages. Written:
2005. Added:
4-26-2007.
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Employment and Labor
Whistleblowers and whiners: Protecting Against Retaliation Claims, by
Tamara M. Gerrard, Esq. and Kalani A. Morse, Esq..
Tort Claims
Statutory Claims
• Specifically protecting whistleblowers
• Non-retaliation provisions in statutes
aimed at preventing other kinds of
employer conduct
Elements of a whistleblower claim:
• Employee must show:
– He/she engaged in protected conduct
– He/she suffered an adverse
employment action
Non-Specific.
39 pages. Written:
2006. Added:
4-26-2007.
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Employment and Labor
Telecommuting: The Legal Landscape and Best Practices for Employers, by
Paul M. Ostroff.
Articles suggests having in place a well thought out,complete, telecommuting policy; 2) observing certain “best practices” relating to telecommuting arrangements; and 3) requiring employees who telecommute to enter into express agreements.
governing their relations
Non-Specific.
38 pages. Written:
2007. Added:
4-20-2007.
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Employment and Labor
Drafting Employee Non-Competition Agreements With a Litigation Perspective, by
John C. Stevason.
Drafting an employment non-compete agreement from the perspective of future litigation, rather than with an emphasis on restrictive covenants has many advantages.
Non-Specific U.S. State.
6 pages. Written:
2007. Added:
4-20-2007.
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Employment and Labor
Basic Labor and Employment Law, by
Roy Castro, Holly dincman, Susan Eisenberg, Dawn Siler-Nixon, Gordon Hill, Ehvard Carlstedt.
Articles discuss federal and state anti-discrimination laws, sex discrimination, age discrimination, Familiy and Medical Leave Act, Americans with Disabilities Act, & non-compete agreements.
Non-Specific.
214 pages. Written:
2004. Added:
4-09-2007.
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Employment and Labor
Avoiding Litigation Risks Arising Out of Employment, by
Stacey Mark.
The best way to avoid employment related litigation is to implement and follow good
employment practices: adequate screening, written job descriptions and performance evaluations, ongoing communication, consistent corrective and disciplinary actions, open door and grievance procedures, and exit interviews.
Non-Specific U.S. State.
13 pages. Written:
2006. Added:
3-30-2007.
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Information Law and Privacy
E-Mail in the Workplace and Attorney-Client Privilege, by
Richard Raysman and Peter Brown.
Do employees who use e-mail in the workplace to communicate with their
attorneys retain the privilege in these
communications? Recent employment and labor decisions have begun to define the parameters under which an employee may assert the attorney-client privilege in e-mails between him and his attorney.
Non-Specific.
2 pages. Written:
2006. Added:
3-27-2007.
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Employment and Labor
U.S. Supreme Court Ruling Requires Employers to ‘Gear-Up’ for Paying Employees Increased Compensation, by
W. Kirk Turner and Rachel B. Crawford.
On Nov. 8, 2005, the U.S. Supreme Court issued a unanimous decision interpreting the Fair Labor Standards Act of 1938 (“FLSA”) related to the scope of the compensable workday for employees required to wear protective gear in the performance of their jobs.
Federal.
3 pages. Written:
2006. Added:
3-22-2007.
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Employment and Labor
First Amendment Protection for the Public Employee, by
Rand C. Eddy and Sherri Carver.
Practitioners advising government employees facing employment-related issues should be aware of First Amendment protections requiring an analysis of a variety of factors and issues. Evaluating and litigating a First Amendment claim is more challenging than handling a Title VII claim of employment discrimination.
Federal.
5 pages. Written:
2006. Added:
3-22-2007.
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Employment and Labor
Interference with ERISA-Protected Rights: Making a Federal Case Out of a Wrongful Discharge Action, by
Kenni B. Merritt.
With recent increases in plant closings, reductions in force and outsourcings, it has become increasingly common for wrongful discharge or employment discrimination actions to include claims against employers for interference with ERISA1 rights.
Federal.
4 pages. Written:
2006. Added:
3-22-2007.
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Employment and Labor
How to Construct Your Own Successful Employment Case, by
Jim Priest.
This article is something like a Popular Mechanics guide for plaintiff and defense lawyers handling employment lawsuits: a handy, how-to guide to constructing your own employment lawsuit strategy.
Oklahoma.
4 pages. Written:
2006. Added:
3-22-2007.
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Information Law and Privacy
Where, Oh where have my employees gone Online, by
Martin H. Samson.
Employers today are increasingly taking advantage of technological developments to enhance worker productivity. This article will survey these lawsuits, discussing both employment and labor legal theories employees have advanced in their efforts to protect their communication & the reception they have recieved in the courts.
Non-Specific.
4 pages. Written:
2006. Added:
3-19-2007.
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Employment and Labor
Cybersmear: It’s what the internet is for, right?, by
Mark D. Risk, James S. Barber, Sean R. Gallagher, Julie A. Totten & Stephen E. Fox.
This instant worldwide access gives rise to liability of defendants in unlimited states and under unlimited laws, thereby triggering a myriad of jurisdictional questions. Courts have only recently begun to grapple with these issues.
Non-Specific.
47 pages. Written:
2005. Added:
3-18-2007.
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Employment and Labor
How Employers Can Cut Down On, by
Jonathan Kane.
In this issue:
Employers Trying to Curb Worker Smoking Should Be Cautious Not to Get Legally Burned
What Should You Do if an Employee Gets Arrested?
More Frequent Background Checks of Employees and Applicants Increase Potential Liability Problems for Companies.
Non-Specific.
8 pages. Written:
2007. Added:
3-17-2007.
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Employment and Labor
A Strategic Approach to Achieving the Best Results in Resolving Employment Disputes, by
John F. Birmingham Jr., Foley & Lardner LLP.
Any employment solution must be consistent with the client’s business objectives, strategies, and values. Within this approach, there are many opportunities for problem prevention and risk mitigation.
Non-Specific U.S. State.
20 pages. Written:
2006. Added:
3-08-2007.
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Employment and Labor
Celebration of Title VII at Forty, by
Eric Dreiband, Akin, Gump, Strauss, Hauer, & Feld.
Review of Title VII employment legislation; remarks.
Federal.
13 pages. Written:
2005. Added:
3-07-2007.
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