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Recent Developments in Labor and Employment
Law. Each year usually brings dramatic developments in labor and
employment law, and this tradition has continued this past year. For a
summary of some of the most notable, recent cases affecting labor and employment law, addressing a wide range of issues from when a nonunion
employer may sue a union to the The University of Michigan's affirmative
action cases, see Recent
Developments in Labor and Employment Law, by Robert Vercruysse and
Jessie Goldstein.
Non-Competition Agreements,
Confidentiality Agreements, and Trade Secrets. When is a
non-competition agreement between an employer and employee enforceable?
What considerations should be given in drafting an enforceable
non-competition agreement? What is a trade secret and what information
can be protected from disclosure under Michigan law? For an insightful
primer on Michigan law regarding non-competition agreements, confidentiality
agreements, and Michigan's Uniform Trade Secrets Act, see
Trade Secrets and Post-Employment
Restrictions, by James Roach and Jesse Goldstein (2003).
Sarbanes-Oxley. The tidal wave
of corporate management scandals over the last several years has given rise
to new legislation to protect shareholders and the public. The
Corporate and Criminal Fraud Accountability Act of 2002 (Sarbanes-Oxley Act)
was one Congressional response to these scandals. Designed to protect
and encourage corporate whistle-blowing by employees and others, the Sarbanes-Oxley Act
imposes new obligations on publicly owned or funded companies and creates
new civil and criminal remedies. For an outline of the implications
and requirements of the Sarbanes-Oxley Act, see
Employment Implications of
Sarbanes-Oxley after Enron, Global Crossing and Worldcom, by Diane
Soubly and William Altman (2003).
The Changing World of Immigration Law.
The tragic events of September 11, 2001, brought many legal changes
intended to protect the security of Americans at home and abroad.
One of the most dramatic changes in the legal landscape was in the area of
immigration law. Effective March 1, 2003, the Immigration and
Naturalization Service (INS) ceased to exist, and responsibility for
enforcing the nation's immigration laws was transferred to the Department of
Homeland Security. For an outline of some of the changes that have
occurred and the legal implications of those changes, see
Practical Immigration Tips on
Changes After 9/11, by Dorothy Basmaji, Debra Clephane, and Priscilla
Krebs (2003).
Family and Medical Leave Act.
The Family and Medical Leave Act of 1993 (FMLA) was born from the simple
concept that employees should not risk loosing their jobs because they are
required to take time off for medical emergencies involving themselves or their family members. Although the FMLA was originally proposed as an
inexpensive and easily administered program, the FMLA and its implementing
regulations have proven to be deceivingly complex, posing numerous potential
pitfalls for employers. Implementing the FMLA has
also proven to be difficult because of the legislative failure to
coordinate the FMLA's requirements with those imposed by other law,
including the Americans with Disabilities Act of 1990 (ADA) and state
workers' disability compensation statutes. For an in-depth analysis of
the FMLA, and the interrelationship of the FMLA with the ADA and workers'
disability compensation laws, see Will They
Fix the FMLA Mess?, by David Calzone and William Altman (2003).
The article's lead author, David Calzone, is a nationally recognized expert
on FMLA issues, and his detailed written analysis and advice on FMLA issues
are relied upon by employers and attorneys across the United
States.
Hiring Employees: Interviewing,
Testing, Fair Credit Reporting Act, and Personnel Files. Numerous
laws now govern almost every aspect of the employment relationship,
including the hiring of employees. From interviewing, testing, and checking references, numerous "traps for the unwary" exist that can
subject employers, large and small, to potential legal liability.
For a primer on the hiring process, including details on the requirements
imposed on employers by the Fair Credit Reporting Act, see
Avoiding Problems in Hiring:
Interviewing, Testing, Statute of Limitations, and Personnel Files, by
Greg Murray and Ann Nicklas (2001).
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