To Insure Or Not To Insure, That Is The Question: Employment Practices Liability Insurance

Uninsured and underinsured employers who bank on never facing an allegation of an unlawful employment practice because they have never been embroiled in such a dispute in the past may be gambling with their... Read more »

Risky Business: Giving Employees the Option of Resignation Instead of Discharge Can Be Dangerous

Employers often give employees the option of resigning instead of being discharged and often fail to appreciate the dangers of this approach. The fact that forcing a resignation is actually the legal equivalent of... Read more »

Telecommuters–The Next Wave of Wage and Hour Litigation?

Many accommodating employers offer their employees the opportunity to work from home (telecommute) either on a regular or temporary basis. The flexibility of a telecommuting arrangement can benefit both employers and employees. However, the practical... Read more »

Modifications To Retiree Benefits Breaches Merger Agreement

The U.S. Court of Appeals for the Fifth Circuit recently ruled that Halliburton Co., breached the terms of a merger agreement with Dresser Industries Inc. when it made modifications to a health plan for... Read more »

Employees Cannot Waive or Release FMLA Claims

Employers frequently ask departing employees to sign separation agreements releasing the employer from any and all claims that the departing employee may have, in return for severance pay or some other form of consideration. However,... Read more »

Fraud in the Workplace

Most fraud is ongoing; once it starts it does not stop by itself, and as it continues, it grows. Very few thefts occur for the first time in large amounts. However, after the fraudster... Read more »

Employers in Fifth Circuit Have Another Weapon to Stop Unauthorized Access of Proprietary Information by Employees, But Should be Careful in Exercising Damage Control

On November 22, 2006, the Fifth Circuit Court of Appeals decided Fiber Systems International, Inc. v. Roehrs, ruling that the Computer Fraud and Abuse Act (“CFAA”) allows an employer to bring a civil action against... Read more »

The ADA and the Web: New Ruling Calls for Increased Accessibility to Business Websites

Surfing the web. It’s something most of us take for granted. Something we do every day. We use the web to perform many routine tasks such as reading the newspaper, checking stock... Read more »

Change in Congressional Leadership Puts Employment Issues at Top of Legislative Priority List

When the 110th Congress commences in January 2007, the leadership of both the U. S. House of Representatives and the Senate will swing to the Democrats, and it is widely anticipated that among their... Read more »

It’s About The Culture

Exceptional market rate pay programs, fully paid benefits, relocation assistance, sign on bonuses, retention bonuses, flexible work schedules, 401k/403b/457 retirement plans, car allowance, gas cards, tuition reimbursement/assistance, loan repayment pr... Read more »