Archive | Business Law RSS feed for this section

We regularly offer legal perspectives on current topics in business, ranging from product liability, bankruptcy, dispute resolution, consumer and business practices, labor & employment, entertainment and sports and intellectual property.

In an Emergency, Can Your Employees Reach 911?

Many employers have multi-line phone systems at the workplace. Most employers have emergency action plans and evacuation procedures. The connection between those matters may not be readily apparent, but if employees cannot directly dial 911 from company lines, emergency procedures are incomplete. Complicating the issue is the fact that many offices have different floors, different […]

When driving and talking on a cell phone don’t mix, what is your liability?

We all do business through mobile phones — how did we ever live without them? But using cell phones inappropriately can present a big problem for employers. Many companies have policies on using cell phones while driving, including requirements to use the car’s hands-free feature and abide by applicable laws. But is the employer liable […]

NLRB Taking a New Look at Employee Use of Work Email

The National Labor Relations Board (NLRB) again is reflecting changes resulting from Trump administration influence, this time regarding employees’ rights to use employer email for protected concerted activities like soliciting support for a labor union, organizing a strike, or complaining about management. Earlier this month, the Board invited briefs on whether it should uphold, modify, or […]

Employers Win in Supreme Court Mandatory Arbitration Decision

As we noted in a previous post, the Supreme Court has been considering three cases that challenged mandatory arbitration in employment contracts. At odds were the Federal Arbitration Act (FAA), which provides that an agreement to arbitrate a dispute is enforceable and irrevocable, and the National Labor Relations Act (NLRA), which states that employees have […]

Mandatory arbitration for discrimination claims: Is the agreement itself discriminatory?

Mandatory arbitration agreements, which require employees to take discrimination claims to arbitration rather than court, are common in employment contracts, especially in larger employers. Many of those contracts go a step further, including class-action waivers that prevent employees from taking collective legal action. Now a survey from the Economic Policy Institute reveals that employees in […]

Internal Investigations on the Rise in the #MeToo Era

In light of the continuing influence of the #MeToo movement, employers are looking for ways to preempt sexual harassment claims. For many, that means bringing in attorneys that specialize in white collar investigations to find and address potential problems. And, thanks to the publicity surrounding high-profile Hollywood allegations of harassment, organizations are willing to be […]

The Future of Wage and Hour Laws Still Undecided Under Trump

As the Trump administration ends its first year in office, several wage and hour laws enacted by the Obama administration have yet to be addressed. At the American Bar Association’s 11th Annual Labor and Employment Law conference last month, a panel of attorneys discussed these issues, including the definition of joint employer and the salary […]

NLRB General Counsel Expected to Reverse Many Obama Policies

With the confirmation of Peter Robb as general counsel to the National Labor Relations Board (NLRB), the Trump administration took another step away from Obama-era labor policies. Robb replaces Richard Griffin, who had a reputation for being pro-labor, in the board position that functionally serves as chief executive officer, despite the title. As the NLRB’s […]