On December 4, 2003, the Fair and Accurate Credit Transactions Act of 2003,
Pub L. 108-159, 117 Stat. 1952 (“FACT Act”) was signed into
law. The FACT Act amends the Fair Credit Reporting Act
(“FCRA”),... Read more »
One of the most likely times to lose trade secret protection occurs when an
employee leaves the company. If there are feelings of resentment, the
employee may want to harm the employer by revealing... Read more »
Last August, the U.S. Department of Labor issued final regulations
governing employees who are exempt from the overtime provisions of the
Fair Labor Standards Act (“FLSA”). The Department of Labor
estimated that the new regulations... Read more »
The common employer practice of including Family and Medical Leave Act (FMLA) claims in general releases is now in jeopardy after the Fourth Circuit’s recent decision in Taylor v. Progress Energy, No.... Read more »
Most employers and human resource managers assume that, as long as they do not intend to discriminate against current and potential employees, they will not be liable for claims of discrimination—unfortunately, this... Read more »
The most heavily publicized provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Act”), signed into law on April 20, 2005, limited the availability of bankruptcy relief for... Read more »
A recent announcement that Merrill Lynch has proposed to settle a class action overtime lawsuit on behalf of its stockbrokers for $37 million emphasizes the high stakes that accompany classification decisions. If... Read more »
An estimated eight million American adults publish their own web logs, or
“blogs.” These are online personal diaries in which the
authors spout opinions on current affairs, politics, sports, or any number
of other subjects,... Read more »
A proactive approach to employment issues can pay substantial dividends in reduced legal challenges and associated costs. Many employers find that the best time to review and revise their employment practices is... Read more »
The Department of Labor (DOL) recently announced that it will depart from its longstanding policy of not aggressively enforcing the reporting requirements for employers and labor organizations under the Labor-Management Reporting Disclosure... Read more »