January 20, 2014 | Inside Counsel
Inside: ‘If it quacks like a duck…’: The questions that prove employee or contactorThe definitions of employee and independent contractor can and do differ depending upon who is asking the question and for what purpose.
By James A. Matthews, III
11 minute read
December 23, 2013 | Inside Counsel
Inside: Reduced schedule and intermittent FMLA leavesThere are both similarities and important differences between reduced schedule and intermittent leaves and between those types of leaves and full-time FMLA leave.
By James A. Matthews, III
8 minute read
December 09, 2013 | Inside Counsel
Inside: What are reasonable accomodations for unpaid leave under the FMLA?An important first step is understanding the important distinctions between the statutory right under the FMLA and the right as a reasonable accommodation under the ADA.
By James A. Matthews, III
5 minute read
November 25, 2013 | Inside Counsel
Inside: Criminal history and employment decisions, the newest EEOC crusadeA more carefully focused policy with bright-line exclusions is not only more legally defensible, it may also be simply better business.
By James A. Matthews, III
5 minute read
November 11, 2013 | Inside Counsel
Inside: The hot new wage & hour issue: Unpaid internshipsThe widespread growth of the unpaid internship has led to a marked increase in litigation claiming that such interns are entitled to minimum wage and overtime compensation.
By James A. Matthews, III
6 minute read
October 28, 2013 | Inside Counsel
Inside: The NLRB and individual rights in the non-union workplaceThe Obama-appointed NLRB majority has use an expansive definition of protected concerted activity to exert itself in many areas in which organized labor itself has never been.
By James A. Matthews, III
11 minute read
May 23, 2012 | The Legal Intelligencer
Attorney-Client Privilege Within the Client Organization - Part IThe attorney-client privilege is both the oldest and most often misunderstood of the privileges for confidential communications. While most lawyers - and many clients - use the term on a daily basis, they often do so casually and uncritically.
By James A. Matthews III
9 minute read
July 11, 2012 | The Legal Intelligencer
Attorney-Client Privilege Within the Client Organization, Part IIIThis series of articles has explored the application of the attorney-client privilege within the client organization, using the context of an internal investigation as a point of reference.
By James A. Matthews III
8 minute read
June 13, 2012 | The Legal Intelligencer
Attorney-Client Privilege Within the Client Organization, Part IIThis series of articles explores the application of the attorney-client privilege within the client organization, using the context of an internal investigation as a point of reference.
By James A. Matthews III
10 minute read