Article(s) published by this organization: 85
 | ICE Strategy Memo Confirms Targeting Employers and Managers for Criminal Liability
Todd P. Photopulos; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 6, 2009, previously published on November 2009 For some time now, we have been reporting on the increase of worksite immigration enforcement activities by Immigration and Customs Enforcement (ICE). While our research had shown a dramatic switch from "cost of doing business" fines for paperwork violations to criminal prosecution of... |
| President Signs Expansion of Military Leave Provisions of the FMLA
Ann Bowden-Hollis; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 6, 2009, previously published on November 2009 Effective October 28, 2009, the Family and Medical Leave Act (the FMLA) was amended by section 565 of the National Defense Authorization Act for FY 2010 (H.R. 2647). In a little-noticed revision to the FMLA, several important changes were made to the military leave provisions of the Act. |
| Plaintiff's Firm Sanctioned for "Telemarketing" Potential Plaintiffs in FLSA Claims
Todd P. Photopulos; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 Late night and daytime television ads by plaintiff's lawyers were previously reserved for the latest disease-causing toxin, car wrecks, and the like. More and more frequently, however, these ads are giving way to plaintiffs' lawyers seeking disgruntled employees who wish to bring lawsuits against... |
| Mississippi Court Upholds Multi-Million Dollar Jury Verdict against Manufacturer for Hazardous Workplace Conditions
Jeffrey A. Walker, Carlyle White; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 6, 2009, previously published on November 2009 Recently, the Mississippi Supreme Court handed down an important decision concerning compensation for workplace injuries. In Franklin Corp. v. Tedford (Miss. No. 2007-CA-01454- SCT), the Court discussed the type of employer conduct that destroys the protection of the exclusive remedy defense... |
| Former Company President Must Pay $6.8 Million for Sexual Harassment Claim
Graham W. Askew; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 A state court recently ruled that the former president of a pharmaceutical company must forfeit $6.8 million in salary and bonuses he earned during the period of his misconduct. The case, entitled Astra USA, Inc. v. Bildman, presents an interesting legal theory for holding a fiduciary personally... |
| Privileged Information is Not Privileged from Whistleblowers
Van D. Turner; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 Do you think your company's communications with in-house counsel are privileged? Think again. In some cases, whatever you say to your in-house counsel could be used against you. Jack R.T. Jordan, a former in-house lawyer for Sprint Nextel Corporation ("Sprint"), alleged that Sprint denied... |
| Supreme Court Let's Stand $35 Million Ruling That Store Managers Are Not "Managers"
Graham W. Askew; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 The United States Supreme Court recently left undisturbed a lower court ruling that a chain of discount stores willfully violated the Fair Labor Standards Act ("FLSA") by classifying employees as retail store managers in an effort to deny them overtime pay. The retailer, Family Dollar... |
| Employer Liable for Spying on Employee MySpace Page
Todd P. Photopulos; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 The use of social media in the workplace is almost as prevalent as the number of cell phones. Employees gripe about their bosses, co-workers, and jobs on MySpace or Facebook. Indeed, many new "smart phones" come equipped with a built-in link to Facebook. Many employers routinely... |
| Healthcare Reform and the Gang of Six Todd P. Photopulos; Butler, Snow, O'Mara, Stevens {newline}& Cannada, PLLC; October 1, 2009, previously published on October 2009 Just mentioning the words "healthcare reform" causes most Americans' blood pressure to rise. Congress's summer recess did little to abate the growing concern on both sides of this debate. For the next several weeks, the nation's concerns will fall on the shoulders of the so-called... |
| Former In-House Counsel Allowed to Proceed in SOX Whistleblower Claim Carlyle White; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; October 2, 2009, previously published on October 2009 In a case of first impression, a federal appeals court ruled that a pair of in-house corporate attorneys could pursue a whistleblower claim under the anti-retaliation provisions of the Sarbanes-Oxley Act ("SOX") when they were fired after raising suspicion of shareholder fraud. In the... |
