M. Scott McIntyre

M. Scott McIntyre

BakerHostetler

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Nationwide Preliminary Injunction Bars Implementation of Department of Labor's "Persuader Rule"

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the...more

6/30/2016 - Collective Bargaining Disclosure Requirements DOL First Amendment LMRDA NLRB Persuader Rules Regulatory Flexibility Act Taft-Hartley Act Unions

Ohio Employment Law Reform: S.B. 268

The Ohio General Assembly heard testimony on May 18, 2016, in support of pending Senate Bill 268 (S.B. 268), the Employment Law Uniformity Act. S.B. 268 seeks to amend Ohio’s employment discrimination statute, R.C. Chapter...more

5/25/2016 - Age Discrimination Civil Rights Act Hiring & Firing Proposed Legislation Title VII

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1...more

8/27/2014 - Confidential Information Data Protection Employee Rights Employer Liability Issues Employment Policies Fresh & Easy Grocery Stores NLRA NLRB

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline....more

7/10/2013 - But For Causation Discrimination EEOC Harassment Race Discrimination Religious Discrimination Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

U.S. Supreme Court Declines to Loosen Causation Standards for Employee Retaliation Claims in University of Texas Southwestern...

On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more

6/26/2013 - Discrimination Hiring & Firing Race Discrimination Religious Discrimination Retaliation SCOTUS Termination UT Southwestern Medical v Nassar

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

4/25/2013 - Collective Actions Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness SCOTUS Settlement

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