Counsel News and Events for Attorneys and Executives

Employment

Justices Will Hear Challenges to Mandatory Employee Arbitration

Justices Will Hear Challenges to Mandatory Employee Arbitration

News
The U.S. Supreme Court has agreed to decide whether companies can use employment contracts to prohibit workers from banding together to take legal action over workplace issues, reports The New York Times.

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Internal Investigations and Volunteers

Internal Investigations and Volunteers

Insight
When a nonprofit suspects that someone in the organization might be engaged in wrongdoing, it can be particularly traumatic because the nonprofit team works together to make the world a better place, according to an article published by Lynch Service Company.

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Employees Who Sell: Understanding the FLSA’s Exemptions for Sales Employees

Event, Jan. 25, 1 p.m. EST
Practical Law and the Wage & Hour Defense Institute will present a free 75-minute webinar providing guidance on minimum wage and overtime pay exemptions applicable to sales employees under the Fair Labor Standards Act.

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The Nature of a Workplace Investigation

The Nature of a Workplace Investigation

Insight
A “head in the sand” approach to workplace issues is not advisable; do not make the mistake of assuming all is well so long as no one is making formal complaints, advises Lynch Service Company.

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The Other Joint Employment Concern: Marijuana in the Workplace

The Other Joint Employment Concern: Marijuana in the Workplace

Event, Jan. 18, 1 p.m. EST
Practical Law and Thomas M. Eden III will present a complimentary 75-minute webinar providing insights into recent developments and expected trends in the evolving the legal landscape of marijuana law. The event will be Wednesday, January 18, 2017 at 1 p.m. EST.

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EEOC’s Informal Guidance on Reasonable Accommodations for Mental Health Conditions

EEOC’s Informal Guidance on Reasonable Accommodations for Mental Health Conditions

Insight
The informal guidance is a useful primer for understanding the EEOC’s expanding stance on employer obligations to provide reasonable workplace accommodations, reports Seyfarth Shaw.

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Don’t Bury Arbitration in Your Employee Handbook

Don’t Bury Arbitration in Your Employee Handbook

Insight
Getting an arbitration clause to stick isn’t always easy, but the effort can be worth it if it avoids just one drawn-out, expensive lawsuit, advises Business Management Daily.

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Lawyer: Supreme Court Allows NFL Players’ Concussion Settlement to be Final

Lawyer: Supreme Court Allows NFL Players’ Concussion Settlement to be Final

News
A lawyer for former NFL players seeking damages for brain injuries suffered while playing football says the U.S. Supreme Court’s rejection of a legal challenge to a $1 billion settlement from the NFL means players can get the help they need.

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Supreme Court Case Has Bankruptcy World on Edge

Supreme Court Case Has Bankruptcy World on Edge

News
A decision could affect how much power bankruptcy courts have to approve settlements that do not follow the conventional order of creditor priority and potentially block some parties, reports The New York Times.

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Last-Minute Block of Overtime Rule Means Uncertain Future for Many Businesses

Last-Minute Block of Overtime Rule Means Uncertain Future for Many Businesses

Insight
Businesses that have not yet implemented changes now have breathing room to wait for a final ruling from the courts. However, those that have already altered employee pay should think carefully before reversing already announced pay changes.

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Associate Bonus Watch: Cravath Announces Its 2016 Associate Bonuses

Associate Bonus Watch: Cravath Announces Its 2016 Associate Bonuses

News
An eighth-year associate will earn almost $400,000 in total compensation ($280,000 for the first half of the year, $315,000 for the second half of the year, and $100,000 in bonus money), up from $380,000, reports Above the Law.

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Judge Squelches New Overtime Regs: Now What?

News
Should employers roll back new policies to save money and then face potential liability if the regulation is ultimately upheld? One employment lawyer says the risk might be worth it for nonprofits who often have people doing professional work, but earning in the $35,000 a year range.

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Pension & Welfare Plan Overpayments: What’s An Employer To Do?

Event, Dec. 6, 1 p.m. EST
Tax and employee benefits counsel must often advise their clients on best practices for handling potentially costly pension and welfare plan overpayments. Overpayments made in self-funded group health plans due to excessive charges by out-of-network providers and pension-plan overpayments on account of administrative errors may require potential contributions by the employer and lead to costly liability.

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Facts in Law Firm Discrimination Suit No Bellwether on Gender Pay

Insight
Sarah Bradbury, senior counsel at Dallas litigation boutique Estes Thorne & Carr PLLC, comments on the recent $100 million discrimination lawsuit against Chadbourne & Parke over claims that female partners are paid less than their male counterparts.

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Associate Salary Hike to $180K Cited as Strain to Law Firm Profits

Associate Salary Hike to $180K Cited as Strain to Law Firm Profits

News
In the months since Cravath Swaine & Moore hiked starting salaries for first year associates by 11 percent to $180,000, law firms across the country raised their associate compensation scale to match — and now those pay increases are showing up as profit growth slows at some law firms, according to a new report on the first three quarters of 2016 compiled by Citi Private Bank.

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When it Comes to Contracting With the Federal Government: Beware

Insight
Jennifer S. Cluverius of Nexsen Pruet, LLC writes about some of the most costly and often-unnoticed employment-related compliance obligations faced by federal contractors and subcontractors.

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White House Continues Attack on Non-Compete Agreements

Insight
Contrary to the suggestions of the White House’s statements and other repeated misperceptions, there is no judicial rubber-stamp approval of employer efforts to enforce non-compete agreements, according to an article posted by Jackson Lewis P.C.

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Arbitration Provisions in Employment Agreements: The Pros and Cons

Arbitration Provisions in Employment Agreements: The Pros and Cons

Insight
Deciding whether to include an arbitration provision in an employment agreement requires thorough consideration based upon an employer’s individual circumstances, according to a post in Trenam Law’s Employment Law Update.

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Void Contracts: Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

Insight

The doctrine of void contracts arose recently in an employment case in Florida, writes Jason M. Knott for Zuckerman Spaeder LLP.

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For Women Who Sued Firms, Alienation Followed

News
Some women who filed gender discrimination claims against their law firms all said they were alienated to varying degrees for speaking out and taking action about what they experienced, according to a report by Bloomberg Big Law Business.

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