Historically, courts were hostile to pre-dispute arbitration agreements. To address this hostility, Congress enacted the Federal Arbitration Act, or FAA, that placed arbitration agreements on the same footing as other contracts. Arbitration is a powerful weapon against lawsuits. Since passage ...
Read More »Tips for litigating civil matters against self-represented parties
All civil litigators, at some point in their career, end up opposed to a self-represented individual. The odds of this occurring are ever increasing as the number of self-represented parties in civil matters continues to rise. Some New England states ...
Read More »Addressing growing employee substance abuse trends
Josie got used to drinking several glasses of wine during the workday when working 100% remotely for the past three years. There were no colleagues in the room to question her behavior or report her to management, and no supervisor ...
Read More »Understanding the proposal to extend overtime
Earlier this year, the U.S. Department of Labor announced a proposal to revise the regulations relating to the white-collar exemptions from overtime and minimum wage under the Fair Labor Standards Act. In the Notice of Proposed Rulemaking (NPRM), the DOL ...
Read More »Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
A mainstay of employment-based litigation – non-compete agreements – is on the proverbial chopping block. Earlier this year, New York State Assembly passed Bill S3100A. This bill would amend the New York State Labor Law (NYLL) by adding a new ...
Read More »Quiet quitting: Is it here to stay and how can employers cope?
Quiet quitting is a trend that emerged last year as employers struggled to fill vacant positions after the Great Resignation, and as the economy picked up post-pandemic. Quiet quitting is the term used to describe when an employee psychologically disengages ...
Read More »Understanding the proposal to extend overtime
The U.S. Department of Labor has announced a proposal to revise the regulations relating to the white-collar exemptions from overtime and minimum wage under the Fair Labor Standards Act (FLSA). In the Notice of Proposed Rulemaking (NPRM), the DOL proposed ...
Read More »Affordable benefit ideas to help employers increase worker retention
Any employers muddling through the current labor shortage probably have already seen dozens of articles with advice on how to best attract, incentivize, and retain employees. A simple Google search will yield hundreds of hits exhorting the benefits of an ...
Read More »Commentary: The Corporate Transparency Act
The vast majority of private and many nonprofit entities will be swept into the Corporate Transparency Act (CTA) compliance net. If you or your clients are an investor or have investors, you need to pay attention. Not only is reporting ...
Read More »Balancing benefits and the bottom line
Now more than ever, people are basing their employment decisions on benefits, with many placing a higher value on affordable health care and well-being perks than they do on salary. So, to attract and retain top talent, businesses need to ...
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