Recent Articles

• The most important employment documents

  D. Albert Brannen Business Management, Services & Risk Management

  Employment litigation can be expensive and time-consuming. An employer’s success or failure in defending itself can turn on the law or the facts. Employers cannot do too much to change the law that applies to any given case. But, experience shows that employers can do a lot to shape the facts and to improve their position in employment litigation. Most of the time, this shaping of the facts depends on the documentation. Moreover, while the particular facts may be different from case to case, the same types of documents are at issue in nearly every employment law case.

• Beware of misclassifying workers as independent contractors

  D. Albert Brannen Business Management, Services & Risk Management

  If your workforce includes contract employees, freelancers, casual workers or independent contractors by any other title, you should seriously analyze whether such workers should be recategorized as employees. The risks of not properly classifying workers can be substantial and include having to ante up back pay, liquidated damages, unpaid taxes, penalties, interest, accounting and attorneys' fees. In addition to these economic risks, other negative consequences can include interference with ongoing operations and harm to an employer's reputation.

• What Chinese investment in Latin America means for the US energy sector

  Lucy Wallwork

  The rise of China in Latin America's resource-rich nations is already having an impact on U.S. crude imports.

• 7 practical tips for effective supervision

  D. Albert Brannen Business Management, Services & Risk Management

  Experienced managers have increasing difficulty navigating today's alphabet soup of federal employment laws — ADA, ADEA, FMLA, IRCA, OSHA, NLRB, etc. State and local laws further complicate the making of employment decisions. At the risk of oversimplifying things, we prepared this list of seven tips for effective supervision to avoid legal liability in the workplace.

• America’s natural gas dilemma: To export or not to export?

  Lucy Wallwork

  The United States is facing a problem it couldn't have envisioned in its wildest dreams a few years ago as liquefied natural gas (LNG) import terminals were being hurriedly thrown up along the coast to plug the nation's energy deficit.

• King-Devick Test: An effective concussion screening for athletes?

  Dr. Denise A. Valenti Medical & Allied Healthcare

  An estimated 160 players suffered a head injury during regular-season play in the National Football League last season. Head injury is not unique to the American sport of football, but the concern about concussion and head injury in professional football, youth leagues, high school and college teams has caused the sport to be front and center in the controversy regarding concussion and long-term effects of such head injury.

• Employers beware when conducting criminal background checks

  D. Albert Brannen Business Management, Services & Risk Management

  The Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance on arrest and conviction records in employment decisions. Employers need to revise their use of criminal background checks in light of this guidance. Ninety percent of employers perform criminal background checks. Reasons for using criminal background information are to prevent theft, fraud, workplace violence and liability for negligent hiring or to comply with various laws.

• 7 tips for wage and hour compliance for dental practices

  D. Albert Brannen Healthcare Administration

  Even though many small dental practices may not be covered by federal employment laws such as the Family and Medical Leave Act, the Age Discrimination Act or even Title VII of the Civil Rights Act, most are covered by the federal wage and hour laws. Unfortunately, the past few years have brought an explosion in the number of lawsuits against employers of all sizes for wage and hour violations, and dental practices are no exception. This article offers practical tips to dental practices to help them comply with the federal wage and hour regulations and to minimize their exposure to lawsuits.

• 6 tips for wage and hour compliance for medical practices

  D. Albert Brannen Business Management, Services & Risk ManagementRetail

  Even though many small medical practices may not be covered by federal employment laws such as the Family and Medical Leave Act, the Age Discrimination Act or even Title VII of the Civil Rights Act, most are covered by the federal wage and hour laws. Unfortunately, the past few years have brought an explosion in the number of lawsuits against employers of all sizes for wage and hour violations, and medical practices are no exception. This article offers practical tips to medical practices to help them comply with the federal wage and hour regulations and to minimize their exposure to lawsuits.

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