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SCOTUS endorses "existential" challenge to administrative agencies

Labor lawyers, take note. Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon...more

Is this lawsuit crazy smart, or just crazy?

Are customers who use self-checkout entitled to be paid for it? NOTE FROM ROBIN: At least one California lawyer thinks so. He recently filed a lawsuit contending that his client, a supermarket customer, and other...more

ADA accessibility litigation: Audit yourself!

This is a public service announcement. The wave of accessibility litigation under Title III of the Americans with Disabilities Act is coming to you, assuming it hasn’t already. Before I go on, I want it to be clear...more

Beware Fee Shifting Contract Clauses

Are they a good idea? Lawyers drafting or reviewing contracts should carefully consider whether a fee shifting clause serves the parties’ interests. Sometimes, perhaps often, they do not. Bonnie and Gus agreed that...more

Will Biden's Vaccine Mandate Survive In The Courts?

Who knows? Last week, President Biden issued several directives concerning mandatory vaccination. The media reports are of wildly varying accuracy, and the political hype is impressive, to say the least...more

American Rescue Plan Act -- COBRA Strikes

Now you know. The American Rescue Plan Act has made some important changes to the obligations of employer-sponsored health plans under the Consolidated Omnibus Budget Reconciliation Act, better known as COBRA...more

Antitrust In The Labor Market

That which is old is new again. The U.S. Department of Justice and plaintiffs’ lawyers are taking aim at non-solicitation agreements restricting mobility of labor. This isn’t something employers usually think...more

Mandatory COVID Vaccines? Not So fast.

Employers, proceed with caution. The New York Times published an essay on Saturday in which the writer asserted, as a blanket statement, that employers may mandate vaccinations as a condition of employment. This is simply...more

"No Good Turn Goes Unpunished"

It's a cliché because it's true. Especially for volunteers. Gentle reader, perhaps you or your friends serve the community as directors of non-profits. Most non-profits and many local government quasi-public entities rely...more

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will...more

Persuader Rule Is Enjoined, but What Does That Mean?

Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit recently opened an opinion with this sentence: “Common sense sometimes matters in resolving legal disputes.” While it is...more

Thanks, Ford! Hard-Fought Win Against EEOC In ADA-Telecommuting Case Is Welcome News For All Employers

Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. ...more

The Attack On Franchising: An Analysis

General Counsel for the National Labor Relations Board and former General Counsel for the International Union of Operating Engineers, has decided to assert that McDonald's Corporation and its franchisees are "joint...more

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