ELI In the News

Law360, New York (August 09, 2010) -- Ask almost any employment lawyer where case loads are growing fastest, and you probably won’t be surprised to hear about the explosive increase in the wage-and-hour arena.

Virtually any viewer who has switched on late-night television likely has been barraged by a string of attorneys’ wage-and-hour commercials and public service announcements from the U.S. Department of Labor’s “We Can Help” wage-and-hour awareness campaign. The growing public awareness of wage-and-hour claims may even trigger more lawsuits and even bigger resulting settlements.

By day, Katie Birmingham is all about her inner foodie, as chef-owner of  her Atlanta  eatery, Noon Midtown. By night, Birmingham's a barrister for Counsel on Call, a law firm that gives its network of lawyers the choice to take on as much or as little legal work as desired.

Though she loves the law and has practiced since 2003, Birmingham loves cooking just as much, and left the big Atlanta firm Kilpatrick Stockton in 2008 to have the flexibility to do both.

"Cooking is such a strong passion for me; it always has been," she said. The flexible scheduling with Counsel on Call "gives you a little bit more control over your time and, as a consequence, more control of your life."

The financial-reform law offers more incentives -- and protections -- to corporate whistleblowers. While companies that have ethical cultures already in place may have less cause for concern than others, HR leaders should know that a code of ethics and managerial training is not enough. A sense of community and openness is needed.

By Andrew R. McIlvaine

Human Resource Executive today published an article, “DOL’s Game-Changing FMLA Revisions,” that quotes Steve Paskoff extensively and includes several favorable mentions of ELI.

Tom Starner, a writer for Human Resource Executive, recently interviewed Steve for this article focusing on the challenges that organizations may face in implementing the Department of Labor’s new FMLA guidelines. The article also cites sources and background information that we provided.

Steve Paskoff and ELI^® were recently featured in Compliance and Ethics News, a quarterly online newsletter published by Morehouse College’s Compliance and Ethics Program. The following is an excerpt from the June 2009 issue.

Most organizations that are concerned about increases in litigation, EEOC charges and potential union organizing activity look at each area of new or enhanced risk and devise separate strategies to address them. But they often are attacking the symptoms, not the real and very common problem: leadership misbehavior. Here is a more holistic approach to the workplace issues that keep you up at night.

Steve Paskoff and Tucker Miller of ELI® were recently featured in the “The Physician’s Report” by Physicians Insurance Agency. The following is an excerpt from the Winter 2008 issue.

A top insurer of business losses recently indicated that lawsuits are on the rise not only in the United States but globally. Among other prescriptions for limiting this business risk, the insurer emphasized the significance of workplace training. I could not agree more. However, the question asked too infrequently is, how do we accomplish this result? Consider the irony of the rise in employment-related lawsuits. Compared to 10 years ago, workplace training has dramatically increased. Yet we continue to see examples of fraud, misconduct, and other unprofessional and illegal acts.

Healthcare has gotten the message and is setting a standard that other industries will follow. Bad behavior, as opposed to illegal behavior, causes horrific patient risks. From medication errors to botched surgical procedures to fatalities, bad behavior devastates patients’ lives and erodes the ethics of healthcare institutions. This is a serious business issue in every workplace, though the harm may be less obvious in non-healthcare settings. Threats, demeaning behavior, a failure to tolerate dissent or welcome questions are too often viewed through the narrow lens of workplace illegality. When unprofessional conduct does not qualify as illegal, we sigh over its regrettable nature, throw up our hands in helplessness, and wish we could eliminate the problem, but seldom do we give it high priority, much less make it an organizational imperative. Healthcare, however, is taking a radically different, new and exciting approach.