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Corporate Counsel

Reducing the Legal Challenges of Employing Independent Contractors

Since businesses first classify workers and are then second-guessed by government agencies as to their accuracy, executives should consider adopting the most frequently used government system as their own basis for classification. This system is known as the ABC Test.
5 minute read

Daily Report Online

Fisher & Phillips Recruits Two Partners From Rival Constangy

The two Atlanta-based labor and employment firms have both brought on a slew of new lawyers.
3 minute read

The Legal Intelligencer

Supreme Court Continues to Limit Employees' Rights Under the FLSA

The court's holding that arbitration clauses in employment agreements are enforceable even if they result in a waiver of the right to bring a class or collective action is a blow to employee's rights under the FLSA. The case also provides a drafting lesson for practitioners.
7 minute read

National Law Journal

Company Defends Firing Employee Who Flipped Off Trump's Motorcade

"Akima is not a governmental entity—it is a private company," the company's lawyers at Virginia-based IslerDare wrote in court papers asking a judge to dismiss the claims. "Therefore, Akima's termination of plaintiff's employment cannot possibly violate free speech clauses in the U.S. or Virginia Constitution."
4 minute read

Daily Report Online

Full 7th Circuit Will Rehear Age Bias Case; Decision Conflicts With 11th Circuit

The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, will take up Dale Kleber's case against CareFusion Corp. The longtime attorney sued the company after he wasn't hired for a senior counsel position that included a seven-year experience cap.
4 minute read

National Law Journal

Full US Appeals Court Will Look at Scope of Federal Age-Discrimination Law

The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, will take up Dale Kleber's case against CareFusion Corp. The longtime attorney sued the company after he wasn't hired for a senior counsel position that included a seven-year experience cap.
4 minute read

Daily Report Online

In Memoriam: David E. Jones

"David was a force to be reckoned with—both in his practice and on the race course."
3 minute read

National Law Journal

Arbitration Agreements Don't Get Rubber Stamp, Even After 'Epic Systems'

“There is a bit of a push, pull that you will continue to see,” says Michael Phillips of McGuireWoods. “The Supreme Court is knocking down obstacles and other judges are not as enthusiastic from a policy point of view. That dynamic won't end anytime soon.”
5 minute read

The Legal Intelligencer

Mitigating Security Risk in Cloud Offerings Through Diligence, Oversight

Cloud services have shifted from emerging to mainstream, with companies in even the most risk-adverse industries exploring and adopting cloud-based solutions.
6 minute read

The Legal Intelligencer

Justices: Third-Party Recovery Doesn't Offset Employer's Future Medical Expense Obligations

The Pennsylvania Supreme Court has ruled that, when a workers' compensation claimant recovers from a third-party tortfeasor, the amount left over after the employer is reimbursed for previously paid compensation applies as credit only toward future disability benefits, not medical expenses.
5 minute read

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