The Library

Rule 37(e) of the Federal Rules of Civil Procedure advises courts not to impose sanctions on a party for failing to provide (in discovery) electronically stored information (ESI) that was lost as a result of the routine, good-faith operation of an electronic information system. This “safe harbor” provision allows companies and individuals to delete their electronic information on a routine basis, but this provision only applies when a duty to preserve the information has not been triggered. In other words, if there is a duty to preserve the ESI, then you must stop any routine deletion procedures. Consequently, if a […]

With the explosion of new handheld mobile devices such as the iPad, many employees want to use their devices in conjunction with their work. Many employers find this attractive; it reduces IT budgets and allows workers to use platforms with which they are familiar. For this reason, many employers allow employees to “Bring their Own Device,” or BYOD. The statistics demonstrate that BYOD is a growing trend. According to a recent study by Cisco, 78% of employees use their own device in connection with their work, and 70% of organizations allow employees to use their own devices. However, despite this […]

There is no question that wage and hour claims continue to be on the rise, and that collective actions, in particular, pose a significant legal and financial risk to employers. However, a recent unanimous decision by the U.S. Supreme Court will likely reduce the number of wage and hour claims filed, particularly against unionized employers who have certain provisions in their collective bargaining agreements. It has long been debated whether employees should be paid for time spent putting on and taking off protective gear (also referred to as “donning and doffing”). The high court has now given us some clarity […]

This article, written by Employment Law Partner Paul Klockenbrink, was written for Gentry Locke’s Virginia OSHA Law News blog at www.VaOSHALawNews.com. If you’re in the construction industry, you’ve already heard many ways in which your business needs protection through its agreements, policies, contracts, and implementing the right OSHA policies. Like any business, you want to stay in business. In addition to what you’ve already read on this blog, labor and employment issues always loom on the horizon threatening to drain your resources from all angles. Fortunately, my colleagues and I will be spending a whole day on these topics at our upcoming […]

As I was watching the Super Bowl last night, it occurred to me that defense matters. Just ask Peyton Manning. So, if you are a lawyer representing an owner or a general contractor who has been sued for a delay claim, then there are some ‘low-hanging fruit’ easy defenses that might apply to your case. A thorough Virginia construction lawyer should always check to see whether any of the following applies to their case: Lack of Proper Notice. The contractor or subcontractor failed to give timely notice of the delay claim as required by the contract or Virginia law. Although […]