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Articles
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Employment Law | Insurance & Tort Litigation | Transportation
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EMPLOYMENT LAWPeter A. Rutledge
March 8, 2007A December 2006 decision from the South Carolina Court of Appeals held that an incentive compensation plan with “target” payout dates, and eligibility that conditioned receiving the compensation on being employed when paid, violates the South Carolina Payment of Wages Act. Ross v. Ligand Pharmaceuticals (S.C. Ct. App. 2006).
- Peter A. Rutledge
January 2, 2007On November 22, 2006, a federal court in Arizona applied the U.S. Supreme Court’s new retaliation standard from Burlington Northern v. White (June 2006) and found that placing an employee on an involuntary paid leave was an adverse employment action in retaliation for requesting additional leave under the Family and Medical Leave Act (“FMLA”). Not only is it unlawful for an employer to interfere with, restrain, or deny an employee’s right to exercise her or his rights under the FMLA, case law interpreting the FMLA holds that the statute also prohibits employers from “retaliating” against employees for requesting leave.
- Employee Liability for Computer Sabotage
September 7, 2006This article reviews a scenario involving a former employee who "scrubbed" her company computer's hard drive before tendering her resignation. The possible legal remedies available to the company under the Computer Fraud and Abuse Act and the South Carolina Computer Crime Act are examined.
This article was reprinted with permission from the South Carolina Bar. It originally appeared in the September 2006 issue of South Carolina Lawyer.
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INSURANCE & TORT LITIGATIONKurt M. Rozelsky, Alex N. MacClenahan
November 8, 2006Too often defense counsel allows "expert" witnesses to testify without challenge. Rule 702 and Daubert provide defense counsel with several methods of attack, and this article will examine how these factors have been applied to the admissibility of expert testimony in the field of accident reconstruction in various trucking cases. Originally published in the Fall 2005 Trucking Industry Defense Association Newsletter.
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TRANSPORTATIONKurt M. Rozelsky, Alex N. MacClenahan
November 8, 2006Too often defense counsel allows "expert" witnesses to testify without challenge. Rule 702 and Daubert provide defense counsel with several methods of attack, and this article will examine how these factors have been applied to the admissibility of expert testimony in the field of accident reconstruction in various trucking cases. Originally published in the Fall 2005 Trucking Industry Defense Association Newsletter.
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Employment Alert: Incentive Compensation Plans