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Work Rights Articles


Age Discrimination in Employment Act (ADEA)

* Employers May Discriminate in Favor of Their Most Senior Employees (June 2004)
Sherry L. Travers of Thompson Coe Cousins & Irons, LLP
The US Supreme Court recently addressed to what extent an employer may discriminate against its younger workers in favor of its most senior employees.

Recent Developments In Employment Law (April 2004)
Michael C. Lasky and Daniel A. Feinstein of Davis & Gilbert LLP
This article reviews three interesting employment law developments, each of which reminds us of Justice Oliver Wendell Holmes' words that the law does not exist in a vacuum but responds to "felt needs of society." Each of these developments

Supreme Court: ADEA Does Not Allow Reverse Age Claims (April 2004)
Alexis Pheiffer of Quarles & Brady
In an opinion issued February 24, 2004, the United States Supreme Court held that the Age Discrimination in Employment Act of 1967 ("ADEA") does not prevent an employer from favoring older employees over younger employees.

EEOC Clarifies Rules On Age Discrimination Waivers (March 2001)
David A. Anderson of Parsons Behle & Latimer
When employers decide to reduce the size of their workforces, or to terminate an employee who is over 40 years of age, they often offer severance pay in exchange for a release and waiver of legal claims by the terminated employees. In 1990, Congress pass


Family and Medical Leave Act (FMLA)

New Tax Law May Drive Down Employer Settlement Costs
Farella Braun + Martel
Prior to President Bush's signature late last week of the new tax law (known as the American Jobs Creation Act of 2004), there was a split of authority in courts across the country on the issue of whether contingent attorney's fees paid directly to attorn

AB 205: The California Domestic Partner Rights and Responsibilities Act of 2003 (August 2004)
Bingham McCutchen LLP
On January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 takes effect, and requires qualifying employers to extend the same rights and benefits to domestic partners registered with the State of California as currently pr

Considering the overlap of the ADA, FMLA and Delaware Workers' Compensation Law when dealing with absences of ill, injured, and disabled employee (July 2004)
Wendy K. Voss of Potter Anderson & Corroon LLP
Although all may be implicated by an employee's leave of absence, the ADA, FMLA, and Delaware's workers' compensation laws differ in terms of their purpose, coverage, rights, and requirements. The purpose of the FMLA is to give eligible employees the righ


General Articles

Your Legal Obligation to Temporary Agency Workers

Job loss fears over disability - BBC News - 2005-03-14