Employment

Expert Analysis

• #MeToo's Impact On Sexual Harassment Law Just Beginning

  

  The myriad sexual harassment laws proposed and passed this year show that legislatures are swiftly responding to the #MeToo movement. All employers should keep abreast of developments nationwide, because another state's laws may be coming soon to a legislature near you, says Susan Sholinsky of Epstein Becker & Green PC.

• Another Decision In Goldman Code Theft Case

  

  The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

• Searching For Clues In Kavanaugh's Employment Opinions

  

  How might Judge Brett Kavanaugh rule on labor and employment issues if confirmed to the U.S. Supreme Court? A review of his D.C. Circuit opinions reveals a judge who has ruled in favor of employers, but also one who has called out discrimination and injustice where he has found it, says David Garland of Epstein Becker & Green PC.

• Opinion

  Law Schools Must Take A Stand Against Mandatory Arbitration

  

  Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

• Maine Court Strikes A Blow Against Medical Marijuana Users

  

  Last month, the Maine Supreme Court ruled in Bourgoin v. Twin Rivers that employers are not required to pay for employees' medical marijuana under the state's worker's compensation statutes. This decision provides lessons for employers throughout the country, say Lino Lipinsky and Nikko Stevens of Dentons.

• How Courts Approach Trade Secret Identification: Part 1

  

  Analytical data of thousands of federal trade secret cases suggest that trade secret identification falls far short of the speed, efficiency and clarity that Congress envisioned — and industry sought — when passing the Defend Trade Secrets Act, say attorneys with Crowell & Moring LLP.

• Interpreting Complex Statutes: When To Go Beyond The Text

  

  The U.S. Supreme Court’s majority and dissenting opinions in Wisconsin Central v. U.S. — a significant decision for the tax community despite receiving little attention last month — are an important exploration of when it is permissible for a court to use interpretive tools like legislative history, administrative interpretation and policy outcomes to find the meaning of complex statutory language, says Professor Edward Zelinsky of Benjamin N. Cardozo School of Law.

• Collective Action Defendants, Don't Count Out Early Opt-Ins

  

  Following the Eleventh Circuit's decision in Mickles v. Country Club Inc., defeating conditional certification will not result in automatic dismissal without prejudice of early opt-ins in collective action cases, say Juan Enjamio and Anna Lazarus of Hunton Andrews Kurth LLP.

• Myths And Facts About Using TAR Across Borders

  

  Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

• Vaccine Mandates And Lessons On Legal Compliance

  

  Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit. In Ruggiero v. Mount Nittany Medical Center, the Third Circuit established a relatively low threshold for employees to get past the initial pleading stage, say attorneys with Dechert LLP.