Insights

On November 17, 2008, the United States Department of Labor (”DOL”) published new rules under the Family and Medical Leave Act of 1993 (“FMLA”).  The new rules implement amendments to the FMLA enacted earlier this...

SIGNIFICANT IRC 409A DEADLINE IS FAST APPROACHING Section 409A of the Internal Revenue Code and the associated regulations and guidance issued by the Department of Treasury set forth stringent requirements that nonqualified...

New York recently enacted legislation placing greater responsibilities on employers who request background checks on their employees or prospective employees.  The law amends Sections 380-c and 380-g of the New York General...

Awards rendered by arbitrators are ordinarily subject to limited judicial review and may be overturned only in narrow circumstances.  In particular, an award is not subject to attack in court merely because it contains...

On February 1, 2009, New York will join a handful of other states which have enacted state plant closing laws that are more stringent than the federal Worker Adjustment and Retraining Notification (“WARN”) Act. The...

New York’s Governor David Patterson has signed into law the “Broadcast Employees Freedom to Work Act” ( Senate Bill S02393, Assembly Bill A 2124-A),  which adds a provision to the New York Labor Law banning non-compete...

An employer’s nightmare is the productive employee who leaves the company and begins competing against it.  Given this reality, what is an employer to do?  In many cases, the answer is:  write an employment contract that...

The California Supreme Court recently issued its latest opinion in a line of decisions dealing with mediation, squarely holding that if a party desires to have a binding mediation settlement, the matter must be properly...

Although generally supportive of alternative dispute resolution, and arbitration in particular (see, e.g., Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992)), California courts have also closely scrutinized agreements...

On January 28, 2008, the Family and Medical Leave Act of 1993 (the “FMLA”) was amended to extend the leave benefits available to armed services members’ families. Under the FMLA, employees of covered employers are...