Monitoring employee communications – particularly electronic communications – is standard practice for most U.S. employers. Beginning in May 2022, however, employers in New York state who engage in electronic monitoring of employee communications will be required to make certain disclosures to their workers. Pre-employment written notice for new hires More particularly, on November 8, 2021, … Continue Reading
Have you ever thought that being an in-house attorney will insulate you from being deposed as a witness?? Not so fast! The role of in-house counsel in the employment context has expanded, the legal landscape is changing, and, now more than ever, in-house attorneys are being deposed as fact witnesses. The increase in deposing in-house counsel stems, … Continue Reading
This post was written by Kyle Bahr and Efrem Grail. A recent Third Circuit opinion undercuts the attorney-client privilege, especially in federal Grand Jury investigations of companies and individuals. Under the new precedent, there is no way to immediately challenge a court order invading the protections of the attorney-client privilege without first suffering a judicial contempt … Continue Reading
This post was also written by Lucas Liben and George M. Linge. This may be one of the abiding truths of the 21st Century: the pervasiveness of modern communication technology has revolutionized how business is conducted, law is practiced, and life is lived. Nevertheless, courts remain protective of communications between an attorney and his or her client … Continue Reading
As employers seek to avoid substantial exposure for alleged violations of wage and hour laws, including the continuing flood of class actions, many are asking outside counsel to review or audit their pay practices so that any problems can be fixed to minimize such risks. In a welcome development, the California Supreme Court recently rejected … Continue Reading
