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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.

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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.

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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.

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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.

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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.

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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.

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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 |