Labor & Employment Law Update - The Year 2009 in Review

March 18th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

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Labor & Employment Law Update - The Year 2009 in Review

March 17th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

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Labor & Employment Law Update - The Year 2009 in Review

March 16th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

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Labor & Employment Law Update - The Year 2009 in Review

March 15th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

Posted in Intellectual Property Consultants | No Comments »

Labor & Employment Law Update - The Year 2009 in Review

March 14th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

Posted in Intellectual Property Consultants | No Comments »

Labor & Employment Law Update - The Year 2009 in Review

March 13th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

Posted in Intellectual Property Consultants | No Comments »

Labor & Employment Law Update - The Year 2009 in Review

March 12th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

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Top 5 Tips For Effective Intellectual Asset Management System Evaluation

March 11th, 2010

The market for Intellectual Asset Management (IAM) Software is a fragmented with many smaller organizations providing a wealth of features and functionality. This makes it difficult for corporate IP departments to choose the best software for their needs.

A number of our customers started their selection process looking at over 30 Intellectual Asset Management Software vendors. Each vendor claimed to have the most comprehensive solution. The selection process was long (sometimes over 2-3 years), frustrating and confusing.

Here are the top five tips that will help you reduce the number of vendors for your evaluation and to separate the wheat from the chaff:

5. Usability

Without this, nothing else matters. If your users will not adopt and use your selection, it’s a waste of time and effort. You should look beyond the glitz and try to understand how your users will accept the new IAM system. In short, the user interface should be simple and intuitive for the first time user.

4. Accessibility

If the software is not accessible via standard web browsers such as IE, Firefox, Safari or Chrome, discard it immediately. To make your IAM system deployment successful, you need strong adoption from your inventor community. In many organizations, inventors use different types of computers, operating systems and browsers.

Your Intellectual Asset Management application should support such variations seamlessly.

3. Configuration

Ask you vendor to demonstrate how to add a new field of your choice. Most vendors who claim to have the most configurable application will hesitate to do this. If your selected software does not have tools to do these basic tasks, you got yourself locked into the vendor’s roadmap.

2. Searching and Reporting

How good is IAM software if it can’t provide good searching and reporting tools? It is frustrating to many users that they can’t easily get to the data that they entered a few months ago. Ask vendors to demo their searching capabilities and make sure the searching and reporting tools are part of the basic system and do not require PHD degrees in rocket science.

1. Integration

If you have been previously involved in the deployment of IAM software, you already know it. The world of “docketing in a black box” is over for corporate legal departments. It is critical that your software can be easily integrated with other systems inside your organizations such as HR, accounts payable, active directory, etc.

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Labor & Employment Law Update - The Year 2009 in Review

March 10th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

Read more

Posted in Intellectual Property Consultants | No Comments »

Labor & Employment Law Update - The Year 2009 in Review

March 9th, 2010

Top 5 List of issues which kept workplaces abuzz in 2009.

1. Swine Flu and the Workplace

On June 11, 2009, the World Health Organization declared the Swine Flu virus (H1N1) a pandemic. In doing so, employers across the U.S. scurried to take precautions for what to do when the virus struck their workplace. Fortunately, health commentators suggest that we’ve all seen the worst of this virus. However, no one can ever be certain. What is clear, however, is that labor and employment law specialists alike agreed that this highly contagious flu strain should not usher in disability and medical condition discrimination claims. This is, in part, because employers could encourage employees to be mindful of their coworkers and not risk losing their jobs if they contracted the illness. Relying on well-established, written Sick Leave, Paid Time Off, and Family Medical Leave policies ruled the day for how to handle a national pandemic in the workplace.

2. Mandatory Sick Leave

As “legal eagles” watch lobbyists around the country for setting the tone for workplace change, it has become more apparent that mandatory sick leave is an item on the agenda of many legislatures. The trend has been primarily motivated by San Francisco’s Paid Sick Leave Ordinance which was enacted in 2007. Generally, lawmakers are aiming to assure “mid-size” employers (of 15 or more employees) provide paid leave and ensure return to work rights for employees. While a proposed Healthy Families Act failed in June, 2009 before the U.S. Congress, the move to ensure employer-sponsored sick leave may reveal itself in Health Reform legislation. Stay tuned.

3. Economic Stimulus Plans and Unemployment/COBRA Benefits

For many Americans, losing a job in one of the most economically challenging times of our generation is the ultimate nightmare. However, a proverbial bright star of these times is Congress’s nod to extend unemployment benefits and to provide subsidies which assure displaced workers not only can afford to continue their medical benefits through COBRA but that employers can subsidize benefits through tax credits.

4. The ADAAA and EE/ER Interactive Exchanges

The Americans with Disabilities Act as Amended and enacted in January 2009 directed the EEOC to make new, broader, and more inclusive regulations to the original act. Generally, the amendments assure that all perceived and actual medical conditions which disable employees from working are protected such that an employee’s disclosure of symptoms should not serve as a precursor to adverse employment actions. This means that an employee who is unable to work has the right to anticipate involvement in an interactive exchange that allows the employee to clarify his or her wish to return to work, arrive at a reasonable accommodation for returning to work, and be notified of his or her rights to return to work. However, legal commentators speculate that the impact of these amendments on modern workplaces remain to be seen and will not be fully known until more disability discrimination cases are litigated under the amendments. One thing that is clear is that the amendments have sparked more disability discrimination claims.

5. Age Discrimination and ‘But For’ Causation

In June 2009, the U.S. Supreme Court, the highest court in [America] the land, decided that employees alleging they were subjected to adverse employment action on the basis of their age were required to prove their case based on a standard that is much different than other classes of protected discrimination. Specifically, employees who claim they were demoted or terminated due to race, sex, or national origin (for example) are required to show that traits they cannot change about their person were motivating factors for why their employers failed to extend equal employment opportunities. Whereas employees who are 40 years or older must show that ‘but for’ their age they would not have been subjected to workplace discrimination. There is much hope among legal practitioners that clarity with current law will come from amendments to the Age Discrimination in Employment Act. The Lilly Ledbetter Fair Pay Act of 2009 is a step towards the clarity sought. The latter has the effect of extending the time period in which claimants can bring suits challenging [unlawful] pay practices when employees, women in particular, discover late in their work careers that they’ve been subjected to questionable pay policies.

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