Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
Timothy C. Kamin
The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.
Are Uber Drivers Employees or Independent Contractors?
William W. Hurst
Some Uber drivers earn well below the minimum wage rate per hour.
Wellness Programs on the Run
D. Finn Pressly & Judith Wethall
The rise in employer-sponsored wellness programs has been accompanied by an even steeper rise in government regulation.
New York's New Sexual Harassment Law: What Employers Need to Know
Ann E. Evanko
New York's Stop Sexual Harassment Act goes into effect in October 2019.
New Immigration Regulation Establishes Grace Periods for Terminated Foreign Workers
Andrew B. Greenfield
Upon termination, these professionals had no time to finalize their affairs, were unable to remain in the country lawfully in order to seek alternate employment or a new visa status, and immediately became deportable from the United States.
What Should Employers Do Now That the Overtime Rule Is Blocked?
Marc L. Zaken
Some employers have already prepared to comply with the new regulations and are ready to roll out new payroll practices next month. Do they hold off or press forward?
Do You Have a Gap in Your Benefit Eligibility Procedures?
Tina M. Bengs
Issues Raised by Non-FMLA Reduced Schedules and Leaves of Absence
Key Minnesota Workers’ Compensation Cases of 2017
Thomas P. Kieselbach
A rundown of important workers' compensation cases in Minnesota over the past year.
The Joint Employer Threat to the Franchise Distribution Model
Barry M. Heller
That result would strike at the core of franchising and would risk the loss of all of the benefits that franchising has provided to franchisees, employees, and society in general.
8 Ways Arbitration Agreements Can Hurt Employers
Kraig J. Marton
Arbitration might seem like an appealing alternative, but it could cost you time and money.
Eight Ways Arbitration Agreements Can Hurt Employers
Kraig J. Marton
Arbitration might seem like an appealing alternative, but it could cost you time and money.
Between a Rock and a Hard Place: The Preparation and Filing of Sensitive Tax and Information Returns, and the Practitioner’s Dilemma
Richard J. Sapinski
Richard J. Sapinski and Eric L. Green discuss defending someone under investigation in a criminal tax case and examine how these cases can get complicated by “sensitive tax returns.
For Large Employers Obamacare Is Still Alive and Well
Felicia A. Finston
Large employers will not get a pass in 2017 in terms of monitoring and reporting the group health plan coverage they provide their employees.
Six Things to Know When Injured at Work
Nicholas Pothitakis
Work injuries result in many questions and concerns by employees who may be facing the situation for the first time
New York City Employers Will Soon Be Restricted in Asking Applicants About Salary Histories
Ronald Kreismann
NYC employers can no longer ask job applicants about their compensation history.
Immigration Worksite Enforcement to Increase in 2018
Christopher L. Thomas
Worksite enforcement is likely to take center stage in 2018.
Employee Benefits and Executive Compensation Advisory
Alston & Bird
Navigating the Winding Highway of Wellness Program Compliance: A GPS for the EEOC’s Wellness Program Rules
The Top Employment Cases of 2017 and a Sneak Peek at 2018
Nonnie L. Shivers
Top employment cases of 2017 with a look at 2018.
Federal Overtime Rule Injunction Calls for State-Level Attention
Sebastian Chilco and Rachel Fendell Satinsky
Super Bowl 51: What to Do When the Fantasy Is Over and Football Fever Becomes a Work Reality?
Hera S. Arsen
Section 7 v. Title VII = Heavyweight Match
Ann Holden Kendell
In Cooper Tire & Rubber Company v. NLRB (Case 08–CA–087155), a bargaining unit employee yelled racist statements to African-American replacement workers while he was on a picket line.
NONCOMPETES: Does Selective Enforcement Really Matter?
Elizabeth A. Coonan
Many companies use restrictive covenant agreements (including noncompetition, nonsolicitation and nondisclosure agreements) to protect their businesses from unfair competition and customer poaching.
“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016
Brooks Kushman
The Defendant Trade Secrets Act of 2015 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as “the most sweeping change to the nation’s intellectual property laws in a generation or more.”
Large-Scale Immigration Raids Focus Attention on Employer Compliance With Immigration Laws
Martha J. Schoonover
The recent raids of dozens of 7-Eleven stores by U.S. immigration agents and the corresponding arrest of 21 individuals for immigration-related violations were widely covered as the largest immigrant enforcement crackdown undertaken by the Trump administration to date.
Welcome to the Jungle: Trade Associations and Reportable Persuader Activity
Ogletree, Deakins, Nash, Smoak & Stewart
Many trade associations have little direct experience with union organizing and labor relations. When it comes to lobbying in Washington, D.C., however, trade associations know a thing or two about what it takes to be a successful persuader.
