Federal workplace agencies are taking a number of steps in response to the recent sequestration budget cuts, and employers who are parties to agency charges, lawsuits or other administrative proceedings before these agencies should expect effects such as delays in processing and investigation of complaints and petitions, says Seth Neulight of Nixon Peabody LLP.
Many employers, understandably, are concerned that a request for consent could discourage employees from participating in "bring your own device" programs. But employers must ensure that they have sufficient authorization to securely offer BYOD access, say Yaron Dori and Jeff Kosseff of Covington & Burling LLP.
With extensive numbers of researchers and plaintiffs’ attorneys focused on bronchiolitis obliterans, a quickly expanding respiratory condition often viewed as unique to microwave popcorn and flavoring industries, it is certain that this serious disease will continue to be a subject of scrutiny for employers and manufacturers across numerous industries, say attorneys with Dinsmore & Shohl LLP.
The D.C. Circuit’s broadly framed decision in National Association of Manufacturers v. National Labor Relations Board confirms that businesses should evaluate any informational or warning obligations with an eye toward protecting their First Amendment rights, say attorneys with Wiley Rein LLP.
Federal contractors face significant cost increases and compliance requirements as a result of the health insurance reforms in the Affordable Care Act. To minimize costs and compliance risks in the future, companies should take a number of steps in the coming months, say attorneys with Arnold & Porter LLP.
Although more clarity is needed from administrative agencies and the courts regarding the contours of a lawful employee wellness program, it is definitely better at this point to structure such programs using rewards or incentives for participation as opposed to penalties for nonparticipation, says Kevin Kelly of Locke Lord LLP.
The recent precedent-setting decision in Coats v. Dish Network LLC appears to foreclose marijuana users’ most compelling argument against termination for off-duty, off-premises marijuana use. It further suggests that Colorado courts may continue protecting employers’ rights to enforce drug policies, notwithstanding the state’s legalization effort, say attorneys with Holland & Hart LLP.
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
With the recent change in Ohio law on employer intentional tort claims comes changes to the good faith obligations an insurance carrier owes to its insureds: In cases involving employer intentional tort claims, insurers may no longer select counsel. Rather, insureds have the right to select counsel with whom they have a preferred relationship and whom they trust, says Thomas Wyatt Palmer of Thompson Hine LLP.
As the federal government faces increased pressure from courts and Congress to speed up intervention decisions in qui tam False Claims Act cases, it is starting to respond by postponing those decisions until after the cases have been unsealed, which could drastically impact how these cases are litigated while the government is waiting in the wings, say attorneys with Nixon Peabody LLP.