S. Jeanine Conley

S. Jeanine Conley

BakerHostetler

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Agencies Beware: Supreme Court Leans Toward Air Marshal Whistleblower in Oral Argument

On November 4, 2014, the Supreme Court heard oral arguments in Dep’t of Homeland Security v. MacLean, bringing closer to an end the lengthy dispute between Robert MacLean and his former employer, the Transportation Security...more

11/14/2014 - Adverse Employment Action Confidential Information DHS v McLean National Security Oral Argument SCOTUS TSA Whistleblowers

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

6/18/2014 - SCOTUS Terrorist Threats Transportation Security Administration Whistleblowers

Supreme Court "SOX" it to Employers by Extending Statute's Whistleblower Provision to Private Contractors of Public Companies

On March 4, 2014, the U.S. Supreme Court issued a decision in Lawson v. FMR LLC expanding the class of persons protected under the anti-retaliatory provisions set forth in the Sarbanes Oxley Act of 2002 ("SOX"). The Court...more

3/13/2014 - Anti-Retaliation Provisions Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”). Most of...more

2/18/2014 - ADAAA Adverse Employment Action EEOC FMLA PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation Women's Rights

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York...more

12/6/2013 - Compliance DOL Independent Contractors Misclassification

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care...more

10/7/2013 - Caregivers DOL Employee Rights FLSA Long-Term Care Minimum Wage

Mandatory Flu Vaccination Policies: Tips for the Upcoming Flu Season

As the summer comes to an end, the dreaded flu season, which impacts employers across the country, looms ahead. According to the Centers for Disease Control and Prevention (“CDC”), the flu season can begin as early as October...more

9/6/2013 - Employee Rights Employer Liability Issues Employment Contract Flu Shot Rule Vaccinations

UniTek Argues $3.8M FLSA Award Cannot Stand in Light of Seventh Circuit Decertification Decision

In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class...more

3/29/2013 - Class Action Class Certification Espenscheid v DirectStat USA FLSA FTS USA Unitek USA Unpaid Overtime

Eighth Cicuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases....more

1/16/2013 - AT&T Mobility Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB EEOC Federal Arbitration Act FLSA Mandatory Arbitration Clauses NLRA NLRB Owen v Bristol Care Protected Concerted Activity

Second Circuit Rules that Pharma Rep's Promotion of Drug for Off-Label Use is Protected Speech

The Second Circuit's December 3, 2012 decision in United States v. Caronia, No. 09-5006-CR, could cause a sea change in the growing number of prosecutions brought by the government to prevent the off-label promotion of drugs...more

12/11/2012 - Commercial Speech FDA FDCA Free Speech Marketing Off-Label Promotion Off-Label Use Pharmaceutical

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