This is the time of year for reflection–when we look back on what happened during the past year, 
and look ahead to the coming year. There are many commentaries and opinions on what was good and bad about 2009, but there is no doubt it was an eventful year for those of us in the labor and employment law
What are My Chances of Winning?
Understandably, this is the most important question a client will ask his lawyer when 
deciding whether to settle a lawsuit or defend the case at trial. It is also one of the most difficult things for lawyers to predict. That’s why jury verdict research is so valuable, and why this post at Manpower Employment
E-mail as Evidence Isn’t Everything
One of the biggest worries of lawyers defending against employee lawsuits is the stray statement in an e-mail that can be blown up or taken out of context. We are constantly warning clients that, before they click "send", they should think about how an e-mail will look to a jury.
However, the recent acquittal of
Weekly Web Roundup: November 6, 2009
Thanks to Molly DiBianca of the Delaware Employment Law Blog for including us in the 2009 list of Top Employment Law Blogs. One of the things I have most enjoyed since launching this blog last April is the collegiality among bloggers and the willingness to share ideas and information.
Always a good source of practical
Weekly Web Roundup, October 30, 2009
The EEOC has revised its "Equal Employment Opportunity is the Law" poster. The poster was revised to reflect new federal employment laws, including the ADA Amendments, and the Genetic Non Discrimination in Employment Act ("GINA"). Employers can either obtain a new poster, or a supplement their existing poster. The new posting is mandatory effective November 21
Weekly Web Roundup: October 16, 2009
Wage and hour collective actions remain active in Iowa. A Judge in Clinton County just approved a collective action settlement in which Wal-Mart agreed to pay $11 million to settle claims that it failed to pay overtime, properly account for breaks, and altered time records. Employees and former employees who worked for Wal-Mart in Clinton between 1999-2009
It’s Official: Retaliation Claims Increase
EEOC statistics for the year ended September 30, 2008, the most recent data that is available, show that charges of retaliation increased by 23% compared to the prior year. In addition, more than 1/3 of the charges filed with the Agency allege retaliation as one of the claims. According to this article in The Wall
Weekly Web Roundup: October 2, 2009
More signs this week that the federal government is ramping up enforcement of employment laws. The Department of Justice Civil Rights Division is seeking a $22 million budget increase for 2010, and is seeking to hire 50 new attorneys. Law Memo Employment Law Blog reports that the 
EEOC has been very active recently in filing lawsuits. The Agency filed 32
Weekly Web Roundup
The biggest news this week is the EEOC’s release of the proposed regulations for the ADA Amendments Act of 2009. This post from Jackson Lewis provides some of the highlights. Note that these are proposed regulations. There is a 60 day period during which the EEOC will receive comments. After considering the comments, the EEOC will
How to Avoid Liability for Discrimination
A recent decision from the Eighth Circuit provides good training material about what "not to do" if you want to your company to avoid being liable for discrimination, and possibly punitive damages.
The EEOC filed suit against Siouxland Oral and Maxillofacial Surgery Associates, a medical clinic in Sioux Falls South Dakota. The complaint alleged that Siouxland terminated