Newsletters
Showing Newsletters: 1–20 of 48
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Employment Newsletter
New I-9 Employment Eligibility Verification Form
May 2, 2013
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Employment Newsletter
Second Circuit Upholds Arbitration Agreement Blocking Title VII Class Claims
April 2013
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Employment Newsletter
Recent Federal District Court Case Highlights the Importance of “Individual” FMLA Notices to Employees on FMLA Leave
March 2013
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Employment Newsletter
Challenges to NLRB Authority after Recess Appointments
February 2013
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Employment Newsletter
Patient Protection and Affordable Care Act Compliance
January 2013
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Employment Newsletter
U.S. Supreme Court Poised to Rule on Factors Governing the Definition of Supervisor under Title VII
December 2012
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Product Liability Newsletter
Noteworthy Developments in Product Liability Law
December 2012
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Employment Newsletter
Filings of Wage and Hour Collective Actions under FSLA at an All-time High
November 2012
Although federal courts apply Rule 23 certification standards in Title VII employment discrimination cases, many courts have used a relaxed application of these standards. This article lists some of the decisions rendered after the Dukes case that reflect both the effectiveness of the “localized” policy argument and the ever-increasing rise of successful class-certification motions.
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Albany Health Care Law Newsletter
Significant Developments in Health Care Law
November 2012
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Employment Newsletter
Social Media in the Workplace
October 2012
The proliferation of social media in the workplace has increased the risk of potential liabilities for companies. Specifically, there is a growing amount of litigation arising out of the use of confidential or proprietary information shared on social media websites.
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Employment Newsletter
Weight Bias in Employment
September 2012
Courts are responding to the broader scope of coverage afforded to individuals, including obese individuals, under the ADAAA.
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Product Liability Newsletter
Hydraulic Fracturing Litigation Exposure
August 2012
This edition of the Product Liability Newsletter includes an update on litigation exposure and emerging legislation tied to the growing use of hydraulic fracturing and a Texas Supreme Court case that formally reaffirmed the principle that a physician is in the best position to evaluate a treatment and weigh the potential risks and benefits of a drug.
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Employment Newsletter
Reevaluating Employment Background Checks
August 2012
The EEOC’s recent guidance provides that employers may violate Title VII if they treat criminal history information differently for applicants or employees. This does not mean that employers should abandon background screening altogether. In fact, to do so could run afoul of an employer’s obligation to use reasonable care when hiring employees and lead to liability if third parties are harmed by an employee. -
Employment Newsletter
Retaliation Claims by Employees Increasing
June 2012
In the past few years several U.S. Supreme Court cases have effectively expanded the scope of retaliation claims and lowered the requisite standard for a retaliation charge. The EEOC's latest enforcement and litigation report confirms that claims of retaliation against employers are significantly increasing. -
Employment Newsletter
Employers Access to Employees’ Social Media Accounts
May 2012
Two U.S. senators and Facebook, Inc. express outrage at the practice by some employers in requesting social media passwords from applicants for employment. The senators have asked for an investigation to determine the potential for a violation of discrimination laws, and Facebook asserts that the practice is a violation of Facebook’s Statement of Rights and Responsibilities. -
Employment Newsletter
FLSA’s Overtime Requirements
March 2012
Two of the most misapplied exemption categories to the FLSA’s overtime requirements are the executive and administrative exemptions, which are often referred to as the “supervisory” and “managerial” exemptions. To avoid DOL audits and fines, employers need to determine whether an employee is exempt under the FLSA, which is a function of analyzing individual employees’ actual job duties. -
Employment Newsletter
Twitter and Labor Issues
February 2012
Along with the marketing benefits inherent in using social media, management should realize the stakes may be too high to sit on the sidelines when it comes to dealing with the labor issues arising from increased employee social media usage. -
Toxic Tort Newsletter
Hydraulic Fracturing & Asbestos Litigation
February 2012
This edition of Wilson Elser’s Toxic Tort Newsletter examines issues relating to important industry developments and notable cases. These include litigation exposure from hydraulic fracturing and formulating strategies to assess and respond to non-party subpoenas in asbestos litigation. -
Employment Newsletter
Recent EEOC Regulations
January 2012
The EEOC’s proposed regulations are intended to clarify the “reasonable factors other than age” (RFOA) defense to a disparate impact claim. It is critical that employers considering work force reductions or changes in policies that may have a negative impact on older workers be aware of these regulations and engage in an appropriate analysis to allow effective utilization of the RFOA defense provided by the Supreme Court if faced with a disparate impact claim based upon age. -
Product Liability Newsletter
Circumstantial Evidence & Jurisdictional Defense
October 2011
The October issue of the Product Liability Newsletter highlights a California case in which the Court of Appeal overturned a decision that would require corporations to bring witnesses from other states or abroad for depositions or trials. Two cases before the U.S. Supreme Court dealt with jurisdictional defenses. Other articles cover the influence of circumstantial evidence on product defect and causation in a Connecticut case and the defense of “inherently dangerous products” in New York.