Littler-Authored Articles

Preparing for a Pandemic in the Workplace

Ohio Lawyer

In this attorney-authored article developed for Ohio employers, Donald Benson and Anne Mellen of...

Preparing for a Pandemic

The Pennsylvania Lawyer

This article, authored by Donald Benson of Littler’s Atlanta office and read more…

Tips to Avoid Risks Associated with Downsizing

Employment Law 360

During times of economic hardship, when companies are forced to execute mass layoffs, employees are more prone to sue as a result of their inability to find work and meet financial pressures. In this attorney...

Rise of ADR for Workplace Disputes

New York Law Journal

In his third installment for the New York Law Journal on trends in employment law, read more…

Proceed with Caution in Restricting Union Buttons

Employment Law 360

In this attorney-authored article, Gregory Keating and Roberta Ruiz of...

Pandemic – Is Your Workplace Prepared for Disaster?

North Carolina Bar Journal

This article, authored by Donald Benson of Littler's Atlanta office and read more…

Leading the Way in E-Discovery

New York Law Journal

In this attorney-authored article, A. Michael Weber of Littler's New York office explains the intricacies of electronic discovery in...

Effective Management of a Contingent Workforce: A Brief Overview of Using Contingent Workers

IBA Employment and Industrial Relations Law Committee Newsletter

This article, authored by Ariel Weindling of Littler's Los Angeles office, explains the different...

To Avoid Becoming EEOC Statistic, Plan Ahead

Employment Law 360

In this attorney-authored article, David Goldman of Littler's San Francisco office discusses the sharp increase in private-sector discrimination...

Don't Just Wing It

Tennessee Bar Journal

In this article, Donald Benson and Gina Cook of Littler's Atlanta office...

Adam Wit Breaks Down Court Ruling on FMLA Waiver

"The Potential Elimination Of Private FMLA Settlements," Employment Law 360, January 25, 2008

This article, written by Adam Wit of Littler's Chicago office, explains that the decision by the Fourth Circuit Court of Appeals to...

A. Michael Weber Discusses Changes in the Nature of Noncompete Agreements

"Trends in Employment Law," New York Law Journal, January 17, 2008

In his first quarterly column for the New York Law Journal , Littler's A. Michael...

David K. Haase Comments on Legal Hazards of Diversity Policies

"The Legal Pitfalls of Diversity Policies," Law.com, January 2008

As workplace diversity policies become more standard, employers are increasingly being faced with legal challenges in their attempts to develop diverse...

Update on Validity of Electronic Communications and Employee Electronic Signatures: Not a Disfavored Method of Obtaining Employee Consent (Yet)

LexisNexis Expert Commentaries

This article, authored by Littler's Tyler Paetkau and Jacy...

USERRA Protections Have Far-Reaching Implications for Employers

"Wartime Duties," Lawdragon, August, 2007

This article is geared towards clarifying the Uniformed Services Employment and Reemployment Rights Act (USERRA) for employers that have employees on military leave of five years...

Supreme Court Rules Ralph's Grocery Co. Inc's Incentive Compensation Plan Lawful

"Affirmed Incentive," Los Angeles Daily Journal, September 7, 2007

In a recent Supreme Court ruling, the court determined that Ralphs Grocery Co. Inc.'s profit-based incentive compensation plan is completely lawful. This...

5 Must-Have Employment Defense Motions in Limine

Contra Costa Lawyer

In this Littler attorney-authored article, Michael Brewer discusses five effective motions in limine specific to employment trials. Brewer says...

New Anti-Discrimination Legislature Reminds that Workplaces Must Reflect Diversity

"Protecting Gender Identity," The National Law Journal, August, 2007

In this article discussing recent and pending legislation prohibiting employers from discriminating against individuals based on "gender identity...

Preserving A Record For Appeal While Keeping The Jury On Your Side

The Practical Litigator

Littler's Theo Lee authors this article on what can go wrong in employment cases, and how to preserve a record for appeal. She discusses...

The Perils of Union Activism Have Been Greatly Exaggerated

The AFL-CIO and other proponents of the Employee Free Choice Act have argued that many union organizing campaigns are defeated because employers illegally terminate union supporters. In this article, Littler's read more…

Family Responsibility Discrimination: When Work and Family Care Duties Clash

San Diego Daily Transcript

In this Littler attorney-authored article, San Diego's Jerrilyn Malana explains to employers the necessity of creating a work...

Did They Turn Out the Light? The Supreme Court Rules on Covenants Not to Compete, Texas Bar Journal, May 2007

Texas Bar Journal

Littler Mendelson shareholder M. Scott McDonald co-authored this piece regarding the recent Texas Supreme Court covenant not-to-compete decision...

Welcoming Troops Home: Compliance Concerns Under Uniformed Services Employment and Reemployment Rights Act

San Diego Daily Transcript

In this attorney-authored article which is motivated by the nearing return of U.S. troops from Iraq, Stacey James discusses how...

Can You Use HR Experts in Employment Cases?

The Practical Litigator

In this Littler attorney-authored article, San Francsco's Theo Lee offers insight on the use of HR experts in employment cases. She says that, "Recently, parties in employment cases have offered the...

Piecing It All Together: The Amendment to the Federal Trademark Counterfeiting Act Prevents Circumvention Through Component Parts

AIPLA Quarterly Journal

In this Littler attorney-authored article, Philadelphia's Tiffani L. McDonough explains how the 2006 amendment to the Federal Trade...

Trends in Employee Drug Testing

California Lawyer

In this MCLE self-credit article authored by Littler's Nancy Delogu, the laws on drug testing for employers, especially those in California, are...

How Globalization Affects Labor-Managment Relations

Counsel to Counsel

In this attorney-authored article, Littler Mendelson's Gavin Appleby and Jim...

Inappropriate Sexual Conduct in the Workplace

In House Counsel Quarterly

In this attorney-authored article discussing the boundaries of innapropriate sexual conduct in the workplace, Littler's AnnaMary Gannon...

U.S. Supreme Court Expands Extent of Employer Liability for Retaliation Claims

Tennessee Bar Journal

In this Littler attorney-authored article discussing the new liabilities for employers as a result of the June Burlington Northern & Santa Fe Railway Co. v. White case, Littler's read more…

Diversifying Party Politics

Los Angeles Daily Journal

In this article authored by Littler attorneys Sabrina Beldner, Jaffe Dickerson and John Lien, the annual office holiday party is looked...

Watch out for the Many Legal Pitfalls of Affinity Groups

Phoenix Business Journal

In this article authored by Litter Mendelson attorney Mark Ogden, the dangers of affinity groups within companies are exposed....

Jerri Malana Warns Employers of Domestic Violence Legal Landmines

"Domestic violence in the workplace: A primer for employers," San Diego Daily Transcript, November 30, 2006
Jerrilyn T. Malana

Littler's Jerri Malana...

The Manager's Simple Guide to Avoiding Retaliation

Executive Counsel Magazine

In this article authored by Littler's Margaret Hart Edwards, the U.S. Supreme Court decision on the retaliation case Burlington...

Veto Keeps Permanent Disability Dilemma at Bay

Los Angeles Daily Journal

In this article authored by Littler Mendelson attorney Ron Peters, the recent history of Workers' Compensation in California is followed...

Privacy Rights Pitted Against Security

Loss Prevention Magazine

In this article authored by Littler attorneys John Julius and Eric...

Pandemic Preparation in the Workplace

Georgia Bar Journal

Littler's Don Benson examines the nature and threat of the pandemic occurrence of a disease such as avian flu and its possible effects on...

Revisiting the Bermuda Triangle: ADA, FMLA and Workers’ Comp

ADA Compliance Guide
October 2006

In this excerpt from Thompson's ADA Compliance Guide, Greg Keatingread more…

Classwide Determination of Overtime Exemptions: The False Dichotomy Posed by Sav-On and a Suggested Solution

The Labor Lawyer

Litter's Allan King and Marlene Muraco discuss the circumstances of class actions filed under FLSA, and delve into the ramifications of the "missclassification" cases that are murkier than others....

The Immigration Maze: A Practical Guide for Employers

The Corporate Counselor

In this article authored by Littler's Leslie Dahan describes what's in store for employers as even more restrictive...

Ruling Could Leave Firms More Vulnerable to Lawsuits

Phoenix Business Journal, Valley of the Sun Business Journal

In this article authored by Littler attorney Mark Ogden, the impact of the Burlington Northern case on...

Blogging and the Workplace: What You Should Be Doing About Your Employees' Wanderings Through the "Blogosphere"

The Corporate Counselor

In this article written by Littler's Philip L. Gordon and Katherine Cooper Franklin, dangers of employee blogging are exposed as threats to...

Evaluating Eligibility for FMLA Leave: Federal Case Law Underscores the Need for Informed Decision Making

The Labor Lawyer, Summer 2006

In this Littler attorney-authored article, Littler's Rod Fleigel and Justin Curley answer questions about FMLA leave. They note that an employer can verify eligiblity by anwering three questions, but...

RICO Charges Are Newest Wrinkle in Immigration Labor Issue

Executive Counsel, July/August 2006

This article discusses a new source of potential liability for for employers dealing with immigration and Social Security Laws; RICO charges. Authored by Littler's read more…

What Every Company Needs to Know About Military Leave

Employment Law Strategist and Law.com

In this article written by Littler's George R. Wood, circumstances are covered surrounding employee deployment for...

Understanding And Managing The H1B Visa Cap

Industry Week

In this Littler Global attorney-authored article, published in the most recent Industry Week, Jared Leung explains the...

Suggestions for Change

HR Executive

In this Littler attorney-authored article, Mark Ogden provides insightful suggestions on how the EEOC could be improved to better serve the American employers and employees alike. Ogden urges the EEOC on several fronts,...

The Law: Limiting Exposure--of the Legal Kind

Harvard Business Review

In this Littler attorney-authored article published in the most recent Harvard Business Review, shareholder Peter Susser guides employers through the steps employers should take now to prepare for a global...

Are Companies Prepared to Handle the Avian Flu?

Business to Business

In this Littler attorney-authored article in Business to Business Magazine, shareholder Don Benson suggests preventative measures related to OSHA, communicable disease programs, HIPAA, workers' compensation,...

Re-Thinking Privacy: 10 Reasons Why Your Business Should Be More Concerned About Workplace Privacy

BNA Privacy and Security Law Report

In this Littler attorney-authored article, Phil Gordon offers the ten most important reasons why workplace privacy issues need more attention. He discusses the effects of new technology on privacy...

National Forum Shopping Over Restrictive Covenants

Bloomberg Corporate Law Journal

In this Littler attorney-authored article, shareholder Don Benson weaves through the hazards of drafting restrictive covenants for multi-state companies, when each state's laws in regard to...

New World Unions May Present New Threats to Unprepared Companies

Columbus C.E.O.

In this Littler attorney-authored article, Jim Ferber explains the new and aggressive force of labor unions after the AFL-CIO split, and the new tactics which include top-down corporate campaigns that trigger company...

Legal Guidelines for Grooming Standards

Counsel to Counsel

In this article authored by Littler attorneys Ron Tisch and Katherine E. Bierma...

A Practical Approach to Reasonable Accomodation

Under the Americans with Disabilities Act (ADA) and many similar state statutes, employers are required to provide disabled employees and applicants with reasonable accommodations as part of the duty to avoid discrimination on the basis of...

Is the System Broke, or Are Brokers Gaming the System?

Law.com

In this Littler attorney-authored article, Allan King discusses the recent spate of wage-hour class action law suits brought against Wall Street brokerage firms. In addition to musing over the paradox of highly compensated...

Avian Flu Challenges; Act Now to Create Communicable Disease Policies

Minnesota Business Magazine

In this Littler attorney-authored article, Dale Deitchler warns employers about the dangers of not having a communicable disease policy in place in case of an avian flu pandemic. He discusses the...

Racing to the court house over non-competes

Tennessee Bar Journal

On November 15, 2005, the 11th Circuit Court of Appeals in Manuel vs. Convergys ruled in favor of plaintiff, who had filed a declaratory judgment that his NCA was unenforceable under Georgia law....

Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit's Palmer & Cay Decision Offer 'Earlybird Specials' for Florida Forum Shoppers?

The Florida Bar Journal

The 11th Circuit ruling in Palmer & Cay, Inc. v. Marsh & McLennan Companies, 404 F.3d 1297 (11th Cir. 2005) could possibly surmount other states public policy due to the fact that the...

Boston OMS David Casey on the Diversity Imperative

The question facing forward-thinking retail executives today is not, “Should corporate diversity be encouraged?” it’s, “How should corporate diversity be encouraged?” “Corporate America is more invested in diversity than ever,” said David Casey,...

New race to Tennessee and Georgia courthouses over non-competition agreements

Tennessee Bar Journal

On April 1, 2005, in Palmer & Cay Inc. v. Marsh & McLennan Companies Inc., the 11th Circuit Court of Appeals revised a USDC, Southern District of Georgia ruling than an employer's non-compete...

Payroll Debit Update: The Law Plays Catch-up With Technology

Chain Store Age

In recent years, Littler has received an increasing number of inquiries regarding reloadable, prepaid payroll debit cards, as an alternative to paper payroll checks. While the benefit to employers are myriad,...

Union Issues in the Solid Waste Industry

National Solid Wastes Management Association

The Teamsters Union is focusing its efforts towards the solid waste industry. Solid waste companies traditionally operate within the United States and don't move their jobs or...

Embracing Employment Law as Part of the Corporate Compliance Intiative: The Expanding Jurisdiction of the Chief Compliance Officer

Society of Corporate Compliance and Ethics

In recent years, companies' failure to ensure legal compliance has met with devestating results. And failure to full adhere to new, stringent federal and state employment laws could leave...

Connect Proposition 209 Dots to Secure Government Funds

Los Angeles Daily Journal

Although California's Proposition 209 makes it unlawful for the state to grant "preferential treatment" to any individual or group, it also provides exceptions to the ban on preferential...

Lawyers Club of San Diego 2005 Equality Survey

Lawyers Club News

Littler’s Tina Fryar chairs the committee for this survey, scoring high marks for Littler Mendelson’s San Diego office for gender equality.  The survey was submitted to private law firms and public agencies with...

Planning for Compliance - The Significance of Proactive Information Management

Corporate Counsel

In the past few years, there have been dramatic increases in judicial attention given to electronic discov­ery. Zubulake v. UBS Warburg clarified the obligations of businesses and their in-house and...

Changing Rules on Deferred Compensation Plans

GC New York

The American Jobs Creation Act of 2004 makes significant changes to rules relating to deferred compensation arrangements, effective January 1, 2005. Littler's Steve Friedman...

State Law Protects Workers Who Smoke Away From Job

Los Angeles Daily Journal

Small Michigan company, Weyco Inc., implemented a tobacco free policy that led to the termination of employees that smoked in...

Stealth Class Actions

GC New York

Littler attorneys discuss the new trend in class actions; the phantom lawsuits that are not publicly filed complaints, but letters of demand sent to employers, threatening legal action, but also offering to resolve the...

Sarbanes-Oxley Helps Firms Cut Off Frivolous Allegations

San Francisco Daily Journal

The first federal court challenge to the constitutionality of the Sarbanes-Oxley Act of 2002 has been heard and decided, leaving the statute intact. Logistically, the very short windows of time...

Employers Must Be Wary About Relying on Nasty-But-Neutral Defense

San Francisco Daily Journal

While intuitively appealing, the nasty-but-neutral defense has limited utility. Employers should be fairly cautious about relying on evidence of non-biased behavior to defend litigation or to dismiss...

Big Settlements Feed Rush to Sue Firms

East Bay Business Times

Retail, restaurant, and franchise owners take note: Web sites aimed at streamlining the process of filing class actions are making it easy for disgruntled employees to haul current and former employers into...

Enforce Policies to Halt Harassment in Workplace

Daily Journal

California state courts and Legislature frequently reject federal restrictions on damages and employer liability in sexual harassment cases. Littler reviews recent cases affecting the legal landscape, a number of...

State Wage Payment Laws Pose Unique Challenges

National Law Journal

While the number of lawsuits alleging violations of the Fair Labor Standards Act (FLSA) has recently skyrocketed, another development in the "wage and hour" sector bears watching: increasing...

Incidence of Workplace Identity Theft Signals Need for Proactive Measures

New York Law Journal

Employers, who routinely collect basic identifying information for each employee, house a potential treasure trove for identity thieves. This article will describe employers’ potential exposure to employees'...

Bonus Plans May Have Unintended Consequences

Daily Journal

California employers have increasingly shared profits at all levels of the work force, a practice which has produced unintended consequences in the form of possible class action exposure for improper bonus...

New Laws Burden Business With Unprecedented Costs

Daily Journal

In the closing days of Governor Gray Davis’ adminis­tration, at least 10 new employment statutes came into effect. Some of these laws contain unprecedented expansion of the rights of employees and the tools used by...

Vague Definitions On Overtime Pay Open Door to Litigation

New York Law Journal

In March 2003, the Depart­ment of Labor (DOL) proposed first major modifications to the Fair Labor Standards Act (FLSA) in 25 years, intending to satisfy both employers' desires for less ambiguous regula­tory...

Lawyers Face Civil Liberties Challenge of SARS

San Francisco Daily Journal

With little defini­tive medical guidance about what provides safety from SARS, no reli­able test for the virus, and unclear quarantine rules, firms must simply use their best judgment to meet their...

Paid Family Leave: Security For Employees Means Confusion For Employers

San Francisco Daily Journal

In September 2002, Cali­fornia became the first state in the nation to enact a paid leave law, which pro­vides up to six weeks of paid fam­ily and medical leave in the form of Family Temporary...

At Home Abroad - Americans working outside the country often benefit from the extraterritorial application of U.S. anti-discrimination laws

New Jersey Law Journal

It is estimated that 300,000 American corporate employees work outside the country, with thousands more working abroad for themselves or for foreign corporations. These expatriates are generally protected by...

Know Thy Hires: Amendments to State Laws Require Employers to Review Their Policies

San Francisco Daily Journal

Although it is lawful for employers to obtain and use back­ground information on applicants and employees, they must follow several important procedures when obtaining and using these materials. Recent...

'Waffle House': Long View

National Law Journal

In EEOC v. Waffle House Inc., the Supreme Court recently ruled that an arbitration agreement between an employer and an employee does not restrict the Equal Employment Opportunity Commission’s...

RIF à la Carte: Using Reported Cases To Develop Effective Reduction-in-Force Criteria

Employee Relations Law Journal

Companies facing reductions-in-force know that they need to make intelligent and legal decisions about which employees to keep and which to let go. To often, however, companies are both unsure and...