It’s not too surprising that the marriage of a police officer and a prisoner would have adverse employment consequences, but nothing in the law distinguishes that marriage from one between law-abiding executives at Coke and Pepsi. While Coke might not fire an employee for marrying an executive at Pepsi, in most states, it could, says John Connolly of Zuckerman Spaeder LLP.
The one-year delay in the Affordable Care Act’s employer health insurance mandate was welcome relief for many employers. But time is still running short, and as the implementation date for the so-called “play-or-pay” rules approaches, construction industry employers face three fundamental questions, says Brydon DeWitt of Williams Mullen.
Mayor Michael Bloomberg recently signed a bill amending the New York City Human Rights Law to require most employers to reasonably accommodate pregnant workers. The new law is significant because it expands coverage to all pregnant employees, regardless of whether a pregnant employee's condition would qualify as a disability under federal, state or city law, say attorneys with Epstein Becker & Green PC.
While employers cannot monitor their employees’ every online activity to prevent them from defaming competitors or lying about the company's product, they should consider the steps to reduce their potential exposure to liability for false, deceptive or misleading online reviews, says Jackie Ford of Vorys Sater Seymour & Pease LLP.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
The Internal Revenue Service will soon begin taxing employers on automatic gratuities separately from ordinary tips, which will greatly complicate payroll accounting. As a result, restaurants may want to consider switching to a system that no longer includes the use of automatic tips, or moving away from the tipping system altogether, says Kara Maciel of Epstein Becker & Green PC.
Recent events, from the Westgate Mall attack in Nairobi to the Lac-Mégantic train derailment in Quebec, underscore the need for in-house counsel to keenly weigh risks and benefits for their companies doing business on a multinational scale. There are a number of best practices to consider that set the right tone for mitigating risk, whether you are doing business in one or hundreds of locations around the world, says Veta Richardson, president and CEO of the Association of Corporate Counsel.
The U.S. Supreme Court recently acted on two False Claims Act cases with pending petitions for certiorari, calling for the views of the solicitor general. If the court grants the petition in the KBR Inc. case, that would be good news for potential FCA defendants, but a review by the court of the Takeda Pharmaceuticals North America Inc. case could be bad news for potential defendants, say Dave Nadler and Joseph Berger of Dickstein Shapiro LLP.
While the employer prevailed in Ehling v. Monmouth-Ocean Hospital Service Corp., this New Jersey federal court case serves as a warning to employers against the unauthorized access of an employee’s “private” social media posts, say Darin Klemchuk and Sita Desai of Klemchuk Kubasta LLP.
Recently, the Federal Acquisition Regulatory Council published a proposed rule imposing significant responsibility on contractors and subcontractors to act affirmatively to prevent human trafficking and forced labor. In light of the new requirements, contractors with overseas contracts must now develop, for the first time, detailed anti-trafficking compliance programs, say attorneys with Arnold & Porter LLP.