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Work Matters Blog

Who to sue? Don't get your noncompete lawsuit nixed

By Michael P. Maslanka |

In noncompete litigation there's a split in authority regarding whether a new employer is a necessary party

Work Matters: Houston employers, take note of new obligations under anti-discrimination ordinance

By Michael P. Maslanka |

Essentially, this means that the city will investigate claims involving familial status, marital status, military status, sexual orientation, gender identity or ethnicity.


Employers Under the Gun: Workplace Dynamics Shift Under ADA and ADA Amendments

By Michael P. Maslanka |

The Sixth Circuit's view that the workplace is no longer a physical location but now "anywhere that an employee can perform her job duties" will have wide-ranging consequences for an employer's accommodation obligations under the ADA.

Don't Close by Plucking Defeat From the Jaws of Victory

By Michael P. Maslanka |

Here's some of what the plaintiff's lawyer didn't need to tell the jury: Her client "had the strength to make that complaint. … I sure didn't. Back in 2006 I was sexually harassed by a [law] professor. … I was a third-year law student."

Lessons from the Jill Abramson drama: when to call in the lawyers

By Michael P. Maslanka |

The whole controversy got me thinking. When should an employee hire a lawyer and get one in the mix? What should an employer do when it receives a letter from an employee's lawyer?

Don't Foul Out: Three Pointers for GCs From L.A. Clippers/Donald Sterling Crisis

By Michael P. Maslanka |

Here, the commish got it right. As Mitch Lawrence, a columnist for the New York Daily News, wrote, in the Sterling matter, we're not talking about an isolated incident taken out of context.

FLUTSA, TUTSA: Vague list of trade secrets sinks misappropriation lawsuit

By Michael P. Maslanka |

The list "is so broad as to be meaningless," wrote the judge.

Answering the dreaded "What do you do?"

By Michael P. Maslanka |

At dinner on a cruise, people tend to ask, "What do you do?" Austin Kleon includes a brief chapter on how to answer this question in his book.

Don't Fear the FYI

By Michael P. Maslanka |

How far can an employer go in reminding a former employee about the use of confidential information?

Enduring a setback? Think like a Navy SEAL

By Michael P. Maslanka |

A new book by a former Navy SEAL reveals mental toughness secrets.


Work Matters: Resist corporate speak's potential to demonize and dehumanize

By Michael P. Maslanka |

Language can help maintain contact with the employees' humanity.

Work Matters: Facebook, nondisclosure clauses and the high cost of gloating

By Michael P. Maslanka |

Gulliver Schools Inc. v. Snay from the Third District Court of Appeal in Florida is a sad tale of employment law, Facebook, and a post too far.


Work Matters: Mindfulness can help lawyers worried about losing their jobs

By Michael P. Maslanka |

A change in perspective can alleviate stress and help with solving problems.


Work Matters: Can a temporary impairment rise to the level of a covered disability?

By Michael P. Maslanka |

The Fourth Circuit noted EEOC regulations establishing that impairments that last only a short period of time typically aren't covered, unless they're sufficiently severe.


Work Matters: Tenth Circuit Decision Aids FMLA Plaintiffs

By Michael P. Maslanka |

"Although there is no clear legal rule as to how much overlap is needed among decision-maker groups for employees to be similarly situated, requiring absolute congruence would too easily enable employers to evade liability for violation of federal employment laws," wrote the Tenth Circuit.


Work Matters: Refining But-For Causation in Retaliation Cases

By Michael P. Maslanka |

Plaintiffs lawyers wailed after the U.S. Supreme Court decided University of Texas Southwestern Medical Center v. Nassar in 2013. But fear not, all is not lost, at least according to a decision last year by the U.S. Court of Appeals for the Second Circuit.

Work Matters: Touchdown! 5 Post-Super Bowl Lessons for Lawyers

By Michael P. Maslanka |