RSS icon

Top Stories

Miscellaneous Legal Issues

Yes, You Can Enforce Non-Compete Clauses

October 4, 2007
California is most notorious for this, but in recent years several states have considered or passed legislation limiting the use of employee noncompetition agreements. Courts in other jurisdictions have cut back on the ways in which such agreements may be used, often in contradictory and confusing decisions. But employers still can use non-compete agreements. Here are some of the lesser-known methods.
Read More

Broad Definition Creates Potential Pitfalls for Employers

September 20, 2007
The voluminous Treasury Department regulations issued in April cover nonqualified deferred compensation arrangements and also regulate compensation devices that many employers have not typically considered as deferred compensation. The penalty for noncompliance is a 20 percent additional tax (imposed on the employee) on the amount of deferred compensation, which includes income plus interest. Further, employers may be subject to withholding and reporting tax penalties. Here is what employers need to know.
Read More

Bush’s Attorney General Nominee Ruled in Cash-Balance Plan Case

September 19, 2007
Judge Michael Mukasey, in a case involving a cash-balance plan offered by PricewaterhouseCoopers, ruled last year that the plan did not discriminate against older employees. The plan, Mukasey ruled, was age neutral ‘because each participant receives the same pay credit and interest credit each year.’
Read More

Curbing Runaway Discrimination and Harassment Costs

August 7, 2007
Employers, general counsels and HR professionals have become resourceful in developing ways to reduce or avoid employee claims and the subsequent expenses in employment law actions. Given the current Supreme Court’s willingness to apply the plain meaning of employment statutes, it may also be willing to give business a very powerful weapon in cost control—the recovery of attorneys’ fees from a losing employee/plaintiff.
Read More

Legal Workviews Trapped by Releases

July 27, 2007
It's been routine to obtain releases from laid-off employees who waive their rights to sue in return for severance pay or benefits. But recent actions by the Equal Employment Opportunity Commission suggest that the practice could be fraught with risks even for companies with stellar diversity programs and positive EEO track records.
Read More

Stamping Out Workplace Bullies

July 13, 2007
Bullying is blamed for unnecessarily creating high costs of turnover, insurance claims and thwarted productivity. And anti-bullying bills keep cropping up in state legislatures. But employer attorneys say the way to deal with bullies at work is through existing harassment policies and statutes, not by enacting new laws.
Read More