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Employment Law Toolkit for Cross-Border M&A Deals

Some years ago, a leading London corporate lawyer told The New York Times that in “merging two regular companies…you just do it and sort out the people issues  afterwards.” (A. Sorkin, “A Lawyer’s Lawyer: Bridging Borders,” March 26, 2000) If that was ever true, it no longer is. In any merger or acquisition between two employers, especially in ...
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How to Avoid the EEOC’s Radar

The Equal Employment Opportunity Commission’s (EEOC’s) statistics about employment discrimination continue to demonstrate a trend of increased charge filing and litigation with the agency. And, in the wake of the EEOC’s increased focus and expanding budget to execute its Strategic Enforcement Plan, the employment discrimination lawsuit trend is expected to continue. The most effective action ...
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Ten Things to Consider when Terminating an Employee

Back to school, back to work, back to serious decisions — now is a good time to recall key considerations before terminating an employee or employees. 1. Consider the Reason: Position Elimination vs. Performance Issues As a fundamental proposition, the employer must be able to articulate the reason for terminating an employee. A good exercise for employers is to summarize ...
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Is Your Employment Practices Liability Insurance Covering the Right Risks?

While no employer is immune from employment-related lawsuits, particularly in a sluggish economy, the hospitality industry faces unique, yet recurring, challenges in terms of employment-based claims – and thus is particularly reliant on employment practices liability insurance (EPLI). Because the hospitality industry is among the leaders in workplace diversity, discrimination claims based on race, gender, ...
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NLRB’s McDonald’s Joint Employer Decision Sends Shock Waves Through Franchise Community

On August 5, 2014 the National Labor Relations Board’s (“NLRB”) Office of General Counsel announced that it was authorizing complaints against both McDonald’s store owners and corporate McDonald’s USA LLC, as joint employers, in a series of unfair labor practice proceedings arising out of last autumn’s minimum wage protest actions against the fast food industry. McDonald’s was the ...
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ADA Interactive Process: A Quiz for Employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive process” sounds so intimidating. Instead of ”interactive process,” it should be called “sit-down.” When an individual needs a reasonable accommodation, ...
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New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and transgender (LGBT) employees of federal contractors and subcontractors, and the federal government. For the federal government, discrimination was already prohibited on the basis of sexual orientation and is now also prohibited on the basis ...
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