Counsel News and Events for Attorneys and Executives

Employment

Sinclair-Style Employment Contracts That Require Payment for Quitting are Uncommon

Sinclair-Style Employment Contracts That Require Payment for Quitting are Uncommon

Insight
The Conversation reports that some Sinclair employees have said that their employment contracts made it prohibitively expensive to walk away.

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May 3 Live Event: Explore the Value of ESOPs By Studying a Proven Implementation

May 3 Live Event: Explore the Value of ESOPs By Studying a Proven Implementation

Event, May 3, 2018, 2:30-6 p.m., NYC
ESOPs, when properly done, can position a company for financing, allow for acquisitions, help attract and retain top talent in a competitive environment and create wealth for owners and employees.

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Former University GC Gets a $430K Retirement Payout

News
Robert Noto, who had been with the university since 1995, resigned about a month after MSU Trustee Brian Mosallam called for his immediate resignation.

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What Provisions are Typical in a Separation Agreement?

Insight
Daniel Schwartz, writing for Shipman & Goodwin’s employment law blog, provides a handy list of typical provisions in a separation agreement between an employer and an employee.

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Target Pays $3.7M to Settle Lawsuit Over Racial Disparity in Use of Criminal Background Checks

Target Pays $3.7M to Settle Lawsuit Over Racial Disparity in Use of Criminal Background Checks

News
As part of the settlement of the class-action complaint, independent consultants will recommend changes to Target’s current screening guidelines, The Minneapolis Star Tribune reports.

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Will You Agree to an Inclusion Rider?

Will You Agree to an Inclusion Rider?

Insight
Sophisticated employers have used established goals as a tool toward implementing equal employment opportunity objectives, steering clear of applying goals like quotas, according to Barnes & Thornburg.

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Webinar: How Solid is Your Whistleblower Program?

Webinar: How Solid is Your Whistleblower Program?

Webinar, April 10, 2018, 1 p.m. EDT
Webinar participants will hear new insights from the 2018 Ethics & Compliance Hotline & Incident Management Benchmark Report.

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Trump Labor Board Member Forgot About Conflict of Interest, Watchdog Says

Trump Labor Board Member Forgot About Conflict of Interest, Watchdog Says

News
National Labor Relations Board Member William Emanuel violated a White House ethics pledge by participating in a closely watched case involving his former law firm, the NLRB’s inspector general concluded in a report obtained by Bloomberg Law.

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Barnes & Thornburg Adds Two Labor & Employment Partners in Los Angeles

News
Barnes & Thornburg LLP has added Dawn Collins and Tae Kim as partners in the Labor & Employment Department in Southern California.

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Former Jones Day Attorney Tapped For Position at the EEOC

News
The top litigator position at the Equal Employment Opportunity Commission has been vacant since December of 2016.

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Trump Labor Board Scrambles to Avoid Pro-Worker Ruling, Lawyers Claim

Trump Labor Board Scrambles to Avoid Pro-Worker Ruling, Lawyers Claim

News
If the workers win at trial, the case could have a profound effect on how major corporations are held liable for workplace wrongdoing, Bloomberg reports.

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Workplace Monitoring Gets Personal, and Employees Fear It’s Too Close for Comfort. They’re Right.

Workplace Monitoring Gets Personal, and Employees Fear It’s Too Close for Comfort. They’re Right.

News
The Chicago Tribune speculates that employers could even provide Fitbits or another portable health monitor as part of a corporate wellness program. Can the personal data gleaned be used to alter, or deny, access to employer-provided insurance plans?

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Collection of Employee Biometric Data: Privacy and Compliance Issues

Collection of Employee Biometric Data: Privacy and Compliance Issues

Insight
A post on the Fisher Phillips website discusses the privacy concerns for employees and the compliance issues for employers related to collection of biometric data.

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Whistleblower Says Walmart, Eyeing Amazon, Cheated on E-Commerce

Whistleblower Says Walmart, Eyeing Amazon, Cheated on E-Commerce

News
The former executive alleges various wrongdoing, including the mislabeling of products, enabling Walmart to charge excessive sales commissions, and failure to properly process customer returns, enabling it to boost results, reports Reuters.

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Uber’s Former Top Lawyer Sought a $100 Million Exit Package, Report Says

Uber’s Former Top Lawyer Sought a $100 Million Exit Package, Report Says

News
Salle Yoo thought the exit package request only fair because she had seen male executives ask for and get huge exit packages, reports Business Insider.

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Morgan Lewis Scolded for Possible Conflict in Hotel Wage Case

News
Bloomberg Law reports that a judge concluded that Morgan Lewis “plainly violated” California attorney professional conduct rules by representing “both sides of the case” in a hotel workers’ class action suit.

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Ten-Week Telecommute Reasonable for In-House Counsel, Sixth Circuit Holds

Ten-Week Telecommute Reasonable for In-House Counsel, Sixth Circuit Holds

News
The U.S. Court of Appeals for the Sixth Circuit found that ten weeks of telecommuting was a reasonable accommodation for a pregnant in-house lawyer put on bed rest, reports Manatt Phelps & Phillips LLP.

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Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Insight
The case will be important for in-house and private transactional attorneys who draft contracts with transportation sector independent contractors, as well as litigators handling employee misclassification cases, according to Holland & Knight.

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Add One Line in Employment Contracts to Reduce Exposure to Misclassification Liability

Add One Line in Employment Contracts to Reduce Exposure to Misclassification Liability

Insight
A Kelley Drye blog post suggests the use of one simple sentence in employment contracts, handbooks and policies for salaried employees that would likely reduce exposure by approximately two-thirds in FLSA cases.

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Dear Employer, You Could Owe the IRS Millions of Dollars

Dear Employer, You Could Owe the IRS Millions of Dollars

News
Some practitioners expect Industries like trucking, restaurant, and staffing to see a high proportion of the demands from the IRS, according to Bloomberg.

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