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YOU DECIDE: SHOULD THE PREVAILING PARTY BE ENTITLED TO ATTORNEY’S FEES?

by EMPLOYEE RIGHTS EXCLUSIVELY | Jul 23, 2012

Nearly all states follow the “American Rule” that unless the parties agree, or a statute provides for fees, each side is to bear its own fees in litigation without regard to victory. Some States, and a large number of nations follow the “English...

ABSOLUTELY MAYBE: THE NEW WORK PRODUCT PRIVILEGE

by EMPLOYEE RIGHTS EXCLUSIVELY | Jul 3, 2012

The California Supreme Court has provided a clarification to the question: can a party obtain the statements taken from witnesses in a case where those statements are procured by the opposing counsel? Stated technically, the question is whether the statements are...

“Doctor, Doctor, Give Me the News. I’ve Got A Sad Case of Overtime Blues.” – Christopher v. SmithKline Beecham Corp (June 18 2012) 2012 DJDAR 8040

by EMPLOYEE RIGHTS EXCLUSIVELY | Jul 3, 2012

Outside sales persons are generally exempt from the overtime laws. The question becomes what is a true “outside salesperson”. For one class of workers, pharmaceutical sales reps, the U.S. Supreme Court has provided the answer. At least as far as the Fair Labor...

CREATIVE CAREER PATH AMBIGUITY: BE ADAPTABLE

by EMPLOYEE RIGHTS EXCLUSIVELY | Jun 29, 2012

TARGET AN UNMET NEED. FOCUS ON “NEEDS” NOT JUST “PRODUCTS/SERVICES.” LOOK TO YOUR UNIQUE STRENGTHS TO ANSWER: AND CAN I FILL THAT NEED BETTER/FASTER THAN MY PEERS/COMPETITORS? STEP BACK OR SIDEWAYS IN ORDER TO GROW–I.E., RE-EVALUATE YOUR...

A Solo Employment Lawyer Does Some Heavy Macro-Economic Lifting.

by EMPLOYEE RIGHTS EXCLUSIVELY | Jun 5, 2012

What does the European financial crisis have to do with employment law?  That is somewhat like asking what does unemployment have to do with employment law.  The issues remain the same, but the volume and context will change.  Here’s a novice’s...

Is this a “Winn”-Win or a “Cash” Out?

by EMPLOYEE RIGHTS EXCLUSIVELY | Jun 4, 2012

As the population ages, there’s a growing industry of caretakers who will be working in the homes of the elderly. These persons will often spend nearly all of the 24-hour day in the home of the client. The question arises: are these caretakers entitled to...
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