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Time to Terminate At-Will Disclaimers? No! Says Expert

In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”? In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and […]

‘Hi, I Need Copies of All Your Files’: Taming Discovery in the Age of the E-File

“Hi, I just need to see every electronic file and e-mail relating to Steve Smith and his employees, colleagues, bosses, and customers from the last year, please.” Arrrgh! Discovery should be easy in an age of electronic wizardry, but it’s a nightmare. If your company is sued over an employment (or any legal) matter, the […]

Georgia: Noncompetes Become More Salvageable

by David C. Hagaman, Ford & Harrison LLP Republicans won every Georgia statewide office and picked up one congressional seat from the Democrats. The most significant vote was the passage of a constitutional measure that gives Georgia courts the right to rewrite restrictive covenants in employment agreements without striking down the entire pact. The new […]

Reform Reinsurance Fund Refund Requests Due Soon

The Centers for Medicare and Medicaid Services announced an April 30 deadline for claiming certain overpayments of the transitional reinsurance fee. The announcement covers overpayments due to miscalculating enrollment counts on which the fee is based. Such miscalculations occur for two reasons, CMS said: misapplication of a permitted method for determining the annual enrollment count; […]

N.Y. Legalizes Same-sex Marriage

New York State will become the sixth state where same-sex marriage is legal on July 24. Gov. Andrew Cuomo (D) on June 24 signed the Marriage Equality Act (MEA) into law. Same-sex marriage already is legal in Massachusetts, Iowa, New Hampshire, Vermont, Connecticut and the District of Columbia. The measure goes into effect one month […]

Employers Warned of New Misclassification Dangers (video)

The U.S. Department of Labor (DOL) is focusing “an enormous amount of attention” on misclassifying workers as exempt, non-exempt, and independent contractors and is throwing significant resources at the problem, according to attorney Susan G. Fentin, who spoke at the recent Advanced Employment Issues Symposium in Nashville, Tennessee. Plus, the DOL and the IRS are […]