The U.S. Supreme Court has decided to hear an important employment discrimination case in which a Coca-Cola bottling company fired a black employee. The case involves allegations that a supervisor was motivated by racial bias and influenced a human resources manager to fire the worker. The human resources person was located elsewhere and did not
Employment Law
Electronic Discovery and Employment Law
I ran across an excellent article by employment law litigator Jason Storipan of Stark & Stark on issues involving electronic discovery and employment law. Storipan cautions that employers must be aware and plan for the new electronic discovery rules:
". . . [e]mployment law is an area of the law that the increases in
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Court Rules No Private Right of Action Under HIPAA
The Fifth Circuit Court of Appeals has ruled there is no private right of action for violations of HIPAA (Health Insurance Portability and Accountability Act of 1996). To this point, every federal district court that has decided the issue has also ruled no private right of action exists. No other federal circuit court has decided…
Seven Ways to Avoid Employee Lawsuits
Employment lawsuits are continually on the rise. Here are seven things that may help you avoid employee lawsuits:
1. Treat Employees with Respect: Seems like a basic philosophy but it is amazing how many employers forget to treat their employees with respect. Employees that are humilated or treated in a disrespectful way are much…
Employers Using Facebook for Background Checks
George’s Employment Blawg, written by attorney George Lenard of St. Louis, has some excellent posts (see here and here) on the risks and liabilities associated with using Facebook for employment background checks. Some of the risks may include discrimination claims and Fair Credit Reporting Act violations. The use of other social networking sites such…
Core Posts from an Iowa Business Lawyer
The core of this Iowa business and corporate law blog consists of six main categories found on the right hand side margin including incorporation and LLC formation, starting a business, franchise law, employment law, business litigation and buying and selling a business. I attempt to cover many of the basics…
The Secret of Negotiation: Care Less, Get More
In December’s issue of Inc. Magazine, Norm Brodsky describes a paradox of successful negotiation. The less interest you have in doing a deal, the more likely you are to get one you’ll find difficult to refuse.
Brodsky is considering selling his businesses (records storage, secure document-shredding and delivery). He turned down an offer from…
How to Hire an Iowa Business Attorney
The time to hire a business attorney is before you get into legal trouble. It is much easier and more cost-effective to prevent problems rather than solve them. Further, if you do get into legal trouble it will be much easier to deal with the issues if you already have a solid relationship with…
Start-Up Business Resource: Business.gov
Business.gov is the "Official Link to the U.S Government". This Web site is an excellent resource for the start-up business.
The site has many helpful areas including:
1. Business Resource Library – contains information on a variety of regulatory topics including taxes, managing and hiring employees and intellectual property;
2. Government forms search – by…
Drafting Non-Compete Agreements in Iowa
In Iowa, non-compete agreements are enforceable under certain circumstances. The best time to secure a non-compete is when you hire the employee although continued employment may be sufficient consideration to bind even current employees. Iowa courts have developed a three-part test to determine whether a non-compete agreement is enforceable:
1. Is it necessary for the…