Labor & Employment - Lewis Brisbois Bisgaard & Smith LLP

Tag: litigation

Labor & Employment Practice

All Blog posts

Hawaii Federal Court Authorizes Government to Call Summary Witness to Present Evidence in Wire Fraud, Embezzlement Case Posted on: April 14, 2023 In: Labor & Employment
In United States v. Ahakuelo, the government pursued wire fraud and embezzlement charges against three members of the International Brotherhood of Electrical Workers’ leadership based on allegations the defendants conspired to convert membership dues. The evidence supporting the government’s case consisted of voluminous, complex materials, so the government requested to call a summary witness. In granting the motion, the court explained the framework for use of summaries of evidence by witnesses.
Read more »

Tags:
hawaii, summary witness, wage and hour, litigation, federal rules of evidence
Four Big Benefits to Bringing an Anti-SLAPP Motion in a California Employment Lawsuit Posted on: June 21, 2022 In: Labor & Employment
California enacted its anti-SLAPP (i.e., Strategic Lawsuits Against Public Participation) statute to provide a procedural remedy early in litigation to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. In the employment context, an anti-SLAPP motion most often is used to attack a defamation cause of action, but it can apply to any cause of action regardless of title, so long as it comes within the four types of protected speech.
Read more »

Tags:
california, anti-slapp, protected speech, litigation
Using Artificial Intelligence to Track Growing Remote Workforce and Related Litigation Implications Posted on: June 11, 2021 In: Labor & Employment
The COVID-19 pandemic has changed the workplace, with the most notable change surrounding acceptability of long-term remote work. An April 2020 Gallup survey found that whereas 31% of respondent U.S. workers reported that they worked remotely between March 16 and March 19, that number grew to 62% between March 30 and April 2. By April 2, 59% of respondents stated that they desired to work from home as much as possible in the future.
Read more »

Tags:
artificial intelligence, human resources, technology, remote work, litigation, covid-19
It’s Official: EEOC Adopts New Rule Updating Conciliation Procedures Posted on: March 03, 2021 In: Labor & Employment
In welcome news for employers, on January 11, 2021, the Equal Employment Opportunity Commission (EEOC) adopted its final rule updating its conciliation procedures for the first time in more than 40 years. The rule is designed to ensure transparency, consistency, and fairness in the conciliation process between employers and the EEOC. Best of all, the process is informal and confidential, and can help employers to improve the workplace and address specific grievances with less risk of litigation.
Read more »

Tags:
eeoc, conciliation, discrimination, litigation, employmentlaw
Three Steps to Creating Essential Employment Documentation Posted on: October 06, 2020 In: Labor & Employment
One of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee’s personnel file and the employee handbook. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.
Read more »

Tags:
documentation, employee handbook, litigation, human resources, personnel file
The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: COVID-19 Response
If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
Read more »

Tags:
zoom, virtual meetings, litigation, electronic communication, covid-19