Saturday, March 15, 2008

“English Only” Policies in the Workplace (Employment Law)

Many employers across the country seek to promulgate “English Only” policies in the workplace, thereby requiring all of their employees to speak English when they are at work.  At first blush, such a policy does not necessarily seem like it should spark a discrimination claim because while it may be unlawful to discriminate against someone’s place of origin, it is not unlawful to discriminate against someone on the basis of their ability or inclination to speak in English... or is it?  According...

Thursday, February 21, 2008

New FMLA Rules for Families of Military Personnel
(Employment Law)

In 1993, Congress passed the Family Medical Leave Act which, in a nutshell, requires companies that employ 50 or more employees to provide up to 12 weeks of unpaid leave within a one-year period to employees (a) who have sustained serious illnesses and injuries; (b) who care for a family member suffering a serious injury or illness; or (c) who have a newborn or adopted child.   On January 28 of this year, Congress amended the Family Medical Leave Act by enacting the National Defense...

Friday, February 1, 2008

A Shift of Power (Entertainment Law)

The California Talent Agencies Act (Ca. Lab. Code § 1700.5 et seq.) was enacted by the California legislature in 1986 to protect artists against potential abuses by professionals who handled the business aspects of their careers.  It requires any person who procures (or attempts to procure) employment for a qualified artist (e.g., actor, writer, director, singer, etc.) to be licensed as a talent agent under the Act.  This is not a facile process.  In order to qualify for licensure, prospective...

Sunday, July 15, 2007

A Matter of National Security 
(Federal Legislation & Public Policy)

The Rail and Public Transportation Security Act of 2007 was recently passed by Congress, however, Section 137 of HR 1401 falls short of its manifest objective. The so-called “Flying Imams” litigation currently pending in Minnesota underscores a vital public policy need to prevent good faith tipsters of suspicious activity from being intimidated by lawsuits.  However, the law does not stop someone from being sued; It merely codifies a defense that was already available to tipsters at common law. 

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