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Articles by James E. Hall, Mark T. Kobata, Marty Denis and D. Diane Hatch

$4.1 Million Award For Violating Fiduciary Duty

December 18, 2007
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Employees who are in positions of trust and confidence and who attempt to sell their employers’ business for personal gain and disclose confidential information to competitors violate fiduciary duties owed employers.
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$4.1 Million Award For Violating Fiduciary Duty

December 18, 2007
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Employees who are in positions of trust and confidence and who attempt to sell their employers’ business for personal gain and disclose confidential information to competitors violate fiduciary duties owed employers.
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Homeland Security No-Match Regulations Enjoined

December 18, 2007
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Employers still have obligations regarding unauthorized employment. Employers cannot willfully hire illegal workers; employers who do face criminal and monetary penalties. Employers must continue to be vigilant about ensuring that every employee completes a Form I-9, which demonstrates valid work authorization.
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Federal Pre-Emption of Driver's Lawsuit No Defense

November 26, 2007
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Many federal laws regulate working conditions, including those for over-the-road drivers. They will typically not foreclose state common law claims for wrongful termination.
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Scheduled to Work on Saturday Sabbath

November 26, 2007
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Employers are not necessarily required to accommodate an employee’s religious beliefs by allowing them to have their Sabbath off, if the accommodation would provide a hardship to the employer.
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Federal Pre-Emption of Driver's Lawsuit No Defense

November 26, 2007
Comments (0)
Many federal laws regulate working conditions, including those for over-the-road drivers. They will typically not foreclose state common law claims for wrongful termination.
Read More

Scheduled to Work on Saturday Sabbath

November 26, 2007
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Employers are not necessarily required to accommodate an employee’s religious beliefs by allowing them to have their Sabbath off, if the accommodation would provide a hardship to the employer.
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Salary-based Overtime Exemption Considered

November 5, 2007
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As long as an employee in fact receives a predetermined salary for each pay period that he or she works, such one-time deviations from the employee’s regular pay schedule do not in themselves destroy the employee’s salaried status.
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No NLRA Protection for Union ‘Salts’

November 5, 2007
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Employers confronted with a salting campaign can lawfully refuse to hire union-affiliated job applicants for any number of legitimate, nondiscriminatory reasons. Applicants may also be rejected if they do not intend to genuinely seek employment.
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Salary-based Overtime Exemption Considered

November 5, 2007
Comments (0)
As long as an employee in fact receives a predetermined salary for each pay period that he or she works, such one-time deviations from the employee’s regular pay schedule do not in themselves destroy the employee’s salaried status.
Read More