James A Matthews Iii

James A Matthews Iii

January 20, 2014 | Inside Counsel

Inside: ‘If it quacks like a duck…’: The questions that prove employee or contactor

The 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 leaves

There 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 crusade

A 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 internships

The 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 workplace

The 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 I

The 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 III

This 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 II

This 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