Employment

Expert Analysis

• ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

  

  A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

• Questions After IRS Guidance On Uncashed 401(k) Checks

  

  A recent revenue ruling provided helpful guidance on the tax treatment of uncashed 401(k) distribution checks, but did not clarify how plan administrators should handle the nettlesome administrative issues arising when uncashed required minimum distribution checks involve missing plan participants, says Daniel Morgan at Blank Rome.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• Unpacking The OFCCP's Proposed Audit Compliance Letters

  

  If implemented, the new compliance review scheduling letters proposed by the Office of Federal Contract Compliance Programs will demand more detailed data at the commencement of an audit than ever sought before, say attorneys at Jackson Lewis.

• When A Click Doesn't Count As Arbitration Acceptance

  

  The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• 8 Proactive Steps To Avoid Workplace Age Bias Claims

  

  As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

• Spacey Case Points To Cos.' Need To Preserve Devices, Data

  

  Criminal and civil proceedings against actor Kevin Spacey related to sexual assault allegations were recently dropped after the alleged victim’s mobile phone vanished. The lesson for companies is that employees’ use of personal devices and messaging apps for business purposes comes with legal risks, say Matt Horvitz and Nordo Nissi of Goulston & Storrs.

• FLSA Overtime Deal Highlights Worker Classification Priorities

  

  A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• Practical Takeaways From 7th Circ. Disability Bias Decision

  

  The Seventh Circuit’s recent Americans with Disabilities Act decision in Graham v. Arctic Zone provides employer-friendly clarification on commonly encountered elements in disparate treatment cases and reminds employers of the value and practical significance of several time-tested employee relations tenets, says Jan Michelsen at Ogletree.

• How To Counter Jury Reliance On Plaintiff's Damages Ask

  

  Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

• 5 Ways To Prep For NY's Sex Harassment Training Rules

  

  As New York organizations consider how best to meet the state's new employee sexual harassment training requirements, Andrew Rawson at Traliant explains several essential actions employers should take ahead of the Oct. 9 training deadline.

• Employers Must Approach ADA Obesity Issues Cautiously

  

  With its recent opinion in Richardson v. Chicago Transit Authority, the Seventh Circuit is the fourth federal appeals court to hold that obesity, by itself, is not a physical impairment under the Americans with Disabilities Act. But other jurisdictions have reached the opposite conclusion, and this issue remains unsettled in others, says Norm Finkel at SFNR.

• Opinion

  Clients Benefit From Law Firm Expense Growth

  

  Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.