Insights: Results

Businesses Must Prepare for the New Department of Labor Independent Contractor Rule

by Kirby Black and Steven T. Clark

Two employment law lawyers explain how a new DOL rule making it more likely workers will be classified as employees, rather than independent contractors, has caused legal challenges and prompted businesses to reassess worker status and policies.

Building a Safer Culture

by Stephen J. Murphy

More construction workers die on the job in the U.S. than in any other occupation, yet rules and regulations are often honored more in the breach than the observance. Here’s an overview—and a blueprint for change.

Sharpening the Sword: What You Need to Know About CASPA

by Eric B. Smith

How the Contractor and Subcontractor Payment Act (CASPA) can radically change the stakes of how you build. Learn what CASPA means for your construction projects and contract disputes.

Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case

by Andrew E. Tanick

On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act.

Competitive Balance

by David Feldman and Peter Flynn

Major amendments to Canada’s Competition Act were rushed through Parliament this June with scarcely any debate. They will likely have enormous antitrust ramifications—and businesses had better be ready.

Trial Lawyers Fight to Protect Individuals from Abuse

by Esquire Bank

With Esquire Bank's financial support, Elise Sanguinetti was able to challenge and end the Forced Arbitration Act. Her legislation continues to help other trial lawyers attain justice for abuse survivors.

Look Out Below

by Mary Jo Larson

Employee 401(k) and other pension plans that include company stock can be a financial minefield. What’s a responsible fiduciary to do to lessen the risk of a plummeting share price—and the risk of a subsequent “stock-drop” lawsuit from aggrieved workers?

Immigration Worksite Compliance Issues for Employers

by Maria I. Casablanca

Immigration worksite enforcement has become a balancing act between verifying eligibility to work and avoiding discrimination; thus it has merged two fields of law: labor and employment law with immigration and nationality law.

Supreme Court Is Poised to Endorse ‘Implied Certification’ in FCA Cases

by R. Scott Oswald

If a government supplier quietly ignores vital rules but still bills taxpayers as if it had complied, can it be held liable under the federal False Claims Act — even if it never directly lies about its compliance?

Phoning It In

by Ashley C. Pack, Crystal S. Wildeman and Alyson M. St. Pierre

It’s not easy for employers to weigh requests from employees to work from afar, even in the wake of the pandemic. Considerations include COVID-19, vaccinations, the Americans with Disabilities Act and the nature of the job itself.

Piercing Limitation of Liability in the Admiralty and Maritime Context

by Ethan Price-Livingston & David Y. Loh

One of the hallmarks of American admiralty and maritime law is the Limitation of Liability Act, which has been in existence since 1851 and permits a shipowner to limit its liability to the value of the vessel after the casualty.

Circuit Split: Can Federal Courts Award Lost Profits as Part of a Restitution Order?

by Nicholas Oleski

The Sixth Circuit has ruled against awarding lost profits as restitution to a business forced to close due to a robbery, highlighting a growing circuit split on whether lost profits can be included in restitution orders under the Mandatory Victims Restitution Act (MVRA).

How Oklahoma's Fault Laws Can Impact Your Car Accident Lawsuit

by Kent McGuire

Oklahoma operates under a fault system for car accident claims. If you are injured in a car crash, you must prove that the other driver was "at fault" before you can recover compensation for your damages. Damages include your physical pain and suffering and your financial losses, such as medical bills and income loss.

U.S. Business Immigration: Year-in-Review

by Christian S. Allen

For more reasons than are probably appropriate to include here today, 2017 will be forever be burned into the memories of everybody in the U.S. immigration industry, and all HR and legal professionals who were involved in hiring and/or employing foreign workers in the U.S. No matter your political persuasion, 2017 turned out to not be anything like we all expected at the beginning of the year, fol

Remote, But Not Removed

by Bryan Driscoll

NY Prioritizes Mental Health Protections for All Employees

Changes in California Employment Law for 2025

by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond