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California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union...

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have...more

Six Ways to Cultivate Labor Peace With Adjunct Faculty

Nearly every higher education institution in the U.S. employs adjunct faculty; and at many colleges and universities, these off-the-tenure-track professors make up the majority of the teaching faculty. These employees are a...more

eAlert - Supreme Court Nixes Obama Administration's NLRB Recess Appointments

The U.S. Supreme Court, on the last day of its current term, has now had the final say in the Obama Administration's recess appointments controversy involving Noel Canning, a bottler of Pepsi-Cola products, and the National...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 24: The Supreme Court Balances TheTension...

Employment tests and other selection procedures have long been part of hiring and promotional processes for many employers. Designed and used properly, employment tests can be very effective in assisting employers to...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 14: Discrimination Laws Apply To State And...

Title VII, as enacted in 1964, had a rather large coverage gap: millions of American workers employed by State and local governments were not covered. Why? The principal reason was State sovereignty, and the notion that...more

Cultivating Labor Peace With Adjunct Faculty

The wave of media attention highlighting the working conditions of adjunct professors in academia across the nation is difficult to miss these days. Even Congress has become involved. The House Education and Workforce...more

New Year Opens With Demise Of The NLRB’s “Poster” Rule And Further Delay For The DOL’s “Persuader” Rule

While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has commenced with only a sputter. Effectively...more

Ninth Circuit Finds That The Garcetti “Official Duties” Rule Does Not Apply To Public University Employee Academic Speech

Just this month, in Demers v. Austin, 729 F.3d 1011 (9th Cir. 2013), the Ninth Circuit became the first federal circuit court to hold that techers employed by the state had a First Amendment right on speech made in academic...more

Public Sector Requests For Workplace Investigation Information: You Can’t Always Get What You Want

We are frequently asked by public employers to help them navigate requests from their employees and unions for information pertaining to the employer’s internal investigations. While the law in this arena from the courts and...more

eAlert - How to Comply with the Affordable Care Act: Four Things a California Employer Needs to Know

It’s the single most controversial law passed by Congress in the last 10 years. Business groups spent hundreds of millions of dollars to defeat it in Congress and to have it overturned in the courts. But now, the Patient...more

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