‘Tis the season for all kinds of end-of-year “top” lists. A quick online search shows lists of top songs, top news stories, top videos, and I even see one for top new species. In the law business, lawyers and writers identify top legal developments of the past year.
Here I offer a somewhat different list as 2012 comes to a close. It is not so much a year in review, in part because plenty of other people are doing that, in part because many “developments” in labor and employment law led to the same action items for employers—manage performance based on job-related criteria and document that you are doing so. Labor and employment lawyers have been telling their clients that for years. Most new liability risks for employers lead not to new advice, but to a new twist or two and increasing stakes for following the traditional advice.