Top 100 Employment Law Blogs

For the third year in a row, I’m thrilled to submit to our readers what I consider to be the best of the best when it comes to employment law blogs.  Since this is the third year I’ve published this list, and practice does make perfect, I’ve imposed a few more rules this time around.  The “rules” and more details about those on this year’s list are found below but, first, . . . drumroll, please. . . the winners . . . Continue reading

1-800-UR-Wages: DOL’s Referral Program Sends Complainants Directly to Counsel

Do not pass go, do not have your claims investigated.  According to the new referral system from the U.S. DOL’s Wage and Hour Division (WHD), potential plaintiffs can go directly to legal counsel.  WHD, the agency responsible for enforcing the Fair Labor Standards Act (FLSA) has announced that it is undertaking a new attorney-referral initiative with the American Bar Association. In what is a jolting move to many, WHD has announced that it will begin referring certain cases to private attorneys instead of investigating those claims. Continue reading

On the Road Again: What State Cell-Phone Bans Mean for Employers

pda_2_3Delaware will join the many states that ban cell-phone use while driving.  The law, signed by Gov. Markell on July 6, will take effect on January 2, 2011. The new law bans texting while driving and the use of hand-held cell phones – meaning a hands-free device will be required to talk on the cell phone while driving. It also bans the use of pagers, PDAs, BlackBerry devices, laptops, games or portable computers, and two-way communication devices while driving. In addition, drivers cannot browse wirelessly or read, write, or send messages while driving. Continue reading

BP Oil Spill Demonstrates Why Litigation Hold Instructions Are Invaluable

red_life_preserver_raft_thumbAnyone who works with me knows that I place a lot of emphasis on litigation hold letters. In the most general sense, litigation hold instructions are invaluable because they cause everyone involved to pause and think about what they are doing with relevant information. The primary purpose of litigation hold instructions is to make sure that evidence, whether it be a hard-copy document or an e-mail, is preserved. Litigation hold instructions can be used defensively (e.g., sending hold instructions to your team after a you have been altered to a potential for litigation) or offensively (e.g., sending instructions to your opponent to make sure that they do not despoil any evidence). Continue reading

Inappropriate Comments In the Workplace Cause Problems in the White House

President Obama’s Chief of Staff has caused quite a stir. Reportedly, in a fit of frustration, Rahm Emanuel called participants in a White House meeting ” f—ing retarded.” Sarah Palin, who has a son with Down’s Syndrome, quickly spoke out about the inappropriate nature of the comment  on Facebook. The statement drew additional attention because this is the second time that a member of the Obama Administration has had to apologize for making an insensitive comment regarding the mentally disabled. Continue reading