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HTMLIs There An Elephant In The Room?
Sandra Mills Feingerts; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
401(k) Plan documents can read like Russian novels. They are often long and difficult to understand, so it’s no surprise that administrative errors in operating such plans happen frequently. Common errors include omitting or including compensation that doesn’t meet the definition in the...

 

HTMLHow To Analyze A HIPAA Breach
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
The Health Information Technology for Economic and Clinical Health Act (HITECH Act) and subsequent regulations have changed several aspects of compliance with HIPAA, including the way covered entities should think about misuses of Protected Health Information (PHI).

 

HTMLThere Must be Proof in That Trade Secret Pudding
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 7, 2014
Okay, maybe the word "proof" is a bit too strong. But a recent decision from the United States District Court for the Middle District of Florida makes clear that trade secret claims must be based upon more than mere suspicion. In American Registry v. Hanaw et al., the plaintiff fell...

 

HTMLWho's Checking The Person Who Checked The Boxes?
Sandra Mills Feingerts; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Most small to mid-size employers sponsoring a 401(k) plan maintain their plan on a pre-approved prototype document. If you’re not familiar with the term pre-approved prototype plan, it consists of a “check the box” document called an Adoption Agreement that is about 25 pages long...

 

HTMLEmployee Fired For Facebook Rant Doesn't Like Status
Richard R. Meneghello; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
There’s no doubt about it - Facebook is the 21st Century water cooler. Workers who used to gather in the break room to talk about the latest sports news, the newest outrageous celebrity scandal, or the latest office gossip are now sharing this communication online. In some cases that’s...

 

HTMLIf You're Going To Light Up, Pay Up
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Employees who smoke cost U.S. companies $6,000 more per year than their tobacco-free counterparts, according to a study released this summer by Micah Berman of Ohio State University. Smokers are associated with higher rates of absenteeism, lower productivity, and higher healthcare costs. Given...

 

HTMLDoes Your Dealership Have A Locker Room Mentality?
Tillman Y. Coffey; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
If a year ago you had heard that conduct in an NFL locker room had resulted in a complaint of harassment and bullying, you might have assumed that the alleged victim was a female reporter. Few would have guessed that the alleged harasser and alleged victim both would be NFL linemen capable of bench...

 

HTMLYou Can't Fire Me For That - I Was Off Duty!
Jeffrey A. Dretler; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an intranet), but must be monitored and enforced in order to remain...

 

HTMLShould The White House Be Paying Its Interns?
Ted Boehm, Lawrence S. McGoldrick; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United States Courts, there were more than 7,000 FLSA federal lawsuits filed in 2012, and 2013 was similar. Many of...

 

HTMLCourt Upholds Forum Selection Clause Over Plaintiff's Claims of Inconvenience and Expense
Celia M. Joseph; Fisher & Phillips LLP;
Legal Alert/Article
February 11, 2014, previously published on February 7, 2014
A senior manager alleging claims against his former employer arising out of the early termination of an incentive plan will have to take his case abroad. In Wolf v. TBG Limited, C.A. No. 13-3315 (Jan. 28, 2014), the United States District Court for the Eastern District of Pennsylvania recently...

 


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