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Larger Rewards For Wall Street Whistleblowers May Be On The Horizon

As reported by the Wall Street Journal, the Obama administration will seek to remove the $1.6 million cap on rewards to whistleblowers who provide evidence of criminal conduct by financial executives under the 1989 Financial...more

Effective July 1, 2014: Caps To Be Placed on Non-Monetary Damages Sought Under the THRA, TDA, and TPPA

Tennessee’s governor just signed a highly significant employment litigation reform bill that will benefit employers throughout the state. The new law applies to all causes of action starting July 1, 2014. The bill places caps...more

The NLRB Creates A New Defense

A federal district court in Washington has struck down an NLRB petition for a Section 10(j) injunction because the NLRB lacked a valid quorum at the time the petition was authorized. In Hooks v. Kitsap Tenant Support...more

California Legislature Deliberating Changes to Remedies in Mixed Motive Cases

This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the Harris v. City of Santa...more

California Legislature Makes It Harder For Employers To Recover Attorney’s Fees On Wage Claims

What the courts giveth the Legislature taketh away. In 2012, California employers received an unexpected early Christmas gift when the California Supreme Court ruled in Kirby v. Immoos Fire Protection, Inc. that the...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Legal Alert: Congress Approves Legislation Expanding Federal Whistleblower Protection Act

Executive Summary: On November 14, 2012, the Senate passed the Whistleblower Protection Enhancement Act (WPEA) of 2012. The House previously approved the Act, and President Obama is expected to sign it into law. The Act...more

Face the Bloggers: Employment And Labor Questions For The Candidates (Obama)

This week, several of us bloggers (Dan Schwartz, Donna Ballman, Eric Meyer, and Jon Hyman, and I) will be choosing a debate question on a labor and employment law topic for each of the Presidential and Vice Presidential...more

The New NRLB Rules: What is the Current Status?

On May 15, 2012, the Federal District Court in Washington, D.C. enjoined effect of the new NLRB election rules, noting in the opinion that the the National Labor Relations Board did not have a legal quorum voting when the...more

Federal Court Invalidates NLRB’s ‘Ambush Election’ Rule

Finding that no quorum existed to allow the National Labor Relations Board to take administrative action, a federal judge in Washington, D.C., has struck down the NLRB’s attempt to change the way it handled elections in the...more

Federal Court Enjoins NLRB’s "Ambush Election" Rule on Procedural Grounds; Reprieve for Employers May Prove Short-Lived

On Monday, May 14, 2012 a federal court in Washington, D.C. issued an Order invalidating the NLRB's controversial "ambush election" rules which took effect on April 30, 2012, on grounds that the rules were not properly...more

Judge Blocks NLRB's Union Election Rules

On Monday, a federal judge in Washington, D.C. blocked the National Labor Relations Board’s controversial new rules concerning the union representation election process that had gone into effect at the end of April 2012. The...more

Act Now Advisory: Court Strikes Down NLRB "Quickie Election" Rules .

In a sharp setback for the National Labor Relations Board (the “Board”), a federal district court in Washington, D.C. (the “Court”), struck down the Board’s election rules, which took effect on April 30, 2012, on technical...more

NLRB Notice Posting Requirement and New Representation Election Rules

On August 25, 2011, the National Labor Relations Board (NLRB) issued a rule requiring essentially all private employers to post a notice informing employees of their rights under the National Labor Relations Act (the Act). ...more

Legal Alert: Court Invalidates Ambush Election Rule; Board Suspends Implementation

Executive Summary: A federal trial court in the District of Columbia has held that the "ambush election" procedures published by the National Labor Relations Board (NLRB) in December 2011 are invalid. In response to the...more

Federal Judge Invalidates NLRB “Hurry Up” Election Rules

On Monday, May 15, 2012, a Washington, D.C. federal judge invalidated the so-called “Hurry-Up” Election Rules of the National Labor Relations Board that previously became effective on April 30, 2012. The judge based his...more

Judge Rules NLRB's Fast-Track Election Rule Invalid

On May 14, 2012, U.S. District Judge James Boasberg, a 2011 Obama appointee to the Washington, D.C. District Court, found invalid the National Labor Relations Board's recent rule that would speed up union elections, because...more

NLRB Suspends New Election Rules After Court Ruling

Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. – Ferris Bueller Well, did you miss it? Just as people were settling down to the NLRB’s new speedy election rules this...more

Court Rejects the NLRB's Quickie Election Rule on Technical Grounds

The U.S. District Court for the District of Columbia ruled yesterday that the NLRB’s “quickie election” rule is invalid because it was passed without a quorum of Board members being present. As you may recall, the rule was...more

Federal District Court Rules NLRB Too “Quick” In Voting On Election Rule Changes Allowing For Quickie Elections

On Monday, May 14, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board’s rule changes that went into effect on April 30, 2012, and that provided for “quickie” union...more

NLRB Suspends Implementation Of Representation Case Process Changes

According to a D.C. federal court, another regulation issued by the National Labor Relations Board (the "Board") is unlawful. This time, the Board's so-called "quickie election" rule, which would shorten the time period...more

Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback

The NLRB's agenda for bringing about massive change despite severe opposition continues to be stalled by legal challenges. Last month, the Board's employee rights poster notice rule was invalidated. Now, a month later, a...more

Court Strikes Down NLRB "Quickie Election" Rule

On May 14, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workforce dealt yet another blow to the National Labor Relations Board, securing summary judgment in their challenge of the NLRB's...more

The Case Of The Board Member Who Didn’t Show Up – Or Did She?

Consider a board with a total of five authorized members but with only three members in office. The board is facing a various contentious decision on whether to engage in a transaction. Two of the board members favor...more

D.C. Federal District Court Overturns NLRB Quickie Election Rule; Leaves Questions for Employers

Yesterday, the U.S. District Court for the District of Columbia issued a ruling on the U.S. Chamber of Commerce’s challenge to the National Labor Relations Board’s (NLRB) quickie election rule that technically took effect on...more

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