How employers can protect against ‘poaching’

November 4, 2014 Comments Off on How employers can protect against ‘poaching’

The following post appears on Mintz Levin’s Employment Matters blog. Recently, litigation consultant TrialGraphix, Inc., sued its competitor FTI Consulting, Inc., and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and ...

Harassment by third parties can create exposure

October 22, 2014 Comments Off on Harassment by third parties can create exposure

A recent decision by the 4th U.S. Circuit Court of Appeals, Freeman v. Dal-Tile Corp., serves as a reminder that employers can potentially be held liable not only for sexual or other harassment perpetrated by their own employees, but also ...

Understanding the psychology of mediation is critical

August 28, 2014 Comments Off on Understanding the psychology of mediation is critical

“Tom, we’ve got mediation in 10 days. What are the chances you can get this one wrapped up? My CEO is on me about the $250,000 in defense costs and the lack of progress he thinks we’ve made. When I ...

Federal, state law liability for call center operators

August 28, 2014 Comments Off on Federal, state law liability for call center operators

Call center operations are essential for a wide range of businesses. However, both inbound and outbound calls present a complex series of risks in light of overlapping state and federal laws and regulations concerning whom businesses may call and under ...

Assessing OT policies in anticipation of FLSA overhaul

August 28, 2014 Comments Off on Assessing OT policies in anticipation of FLSA overhaul

In-house counsel and management-side employment attorneys should prepare their clients now for upcoming revisions to the Federal Labor Standards Act, which could take effect by the end of next year and result in mandatory overtime payments to millions of salaried ...

Pregnancy bias guidance not without controversy

August 27, 2014 Comments Off on Pregnancy bias guidance not without controversy

On July 14, the Equal Employment Oppor-tunity Commission released its first comprehensive update on pregnancy discrimination enforcement guidance since 1983. The new publication, “Enforcement Guid-ance: Pregnancy Discrimination and Related Issues,” and the accompanying Q&A document and fact sheet address the ...

Post-Wimbledon fee-shifting ideas for in-house counsel

August 26, 2014 Comments Off on Post-Wimbledon fee-shifting ideas for in-house counsel

The following post was taken from “The In-House Advisor,” which is hosted on the website of Burns & Levinson. ATP Tour, Inc. is a Delaware membership corporation that operates as the governing body for the major (and some minor) men’s ...

DOL rule would expand FMLA coverage for same-sex couples

August 26, 2014 Comments Off on DOL rule would expand FMLA coverage for same-sex couples

The following post was taken from “Employment Law Business Guide,” which is hosted on the website of McLane, Graf, Raulerson & Middleton. The defeat of the Defense of Marriage Act in United States v. Windsor continues to have a ripple ...

General Motors’ cautionary tale for corporate counsel

July 15, 2014 Comments Off on General Motors’ cautionary tale for corporate counsel

As a result of the recent General Motors internal investigation of ignition switch recalls, three in-house lawyers are among the 15 GM employees who lost their jobs. The 325-page report submitted to the board of directors by Anton Valukas chronicles ...

Cyber security: ugly gorillas and the fiduciary board

July 15, 2014 Comments Off on Cyber security: ugly gorillas and the fiduciary board

The frequency of cyber breaches, the reputational and financial effects of breaches, and their prevalence have become manifest. As I write this column, the front page of the Wall Street Journal is dominated by a mock FBI poster: “Wanted: Conspiring ...