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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

Eleventh Circuit Affirms Ability to Obtain Release of FMLA Claims

When the Family and Medical Leave Act became effective, federal courts split on the ability of employers to obtain effective releases of FMLA liabilities. In 2009, the Department of Labor provided some clarity to this issue,...more

Ventress III Provides Another Tool for Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment...

On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more

Texas Messes with EEOC

When Texans say “Don’t Mess With Texas”, they’re speaking directly to the EEOC these days. The State of Texas recently sued the EEOC, seeking to prevent the EEOC from enforcing its 2012 Enforcement Guidance on employer use of...more

FAAAA Preemption Continues to Zigzag Through California Courts

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

The Fight Isn’t Over: Employers Should Keep Battling The Definition of “Whistleblower” Under Dodd-Frank

The “Securities Whistleblower Incentives and Protection” section of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“DFA”) is an integrated scheme designed to encourage individuals to complain to the...more

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

In three separate decisions issued on August 20, 2012, the Eleventh Circuit Court of Appeals, applying the U.S. Supreme Court’s decision in Arizona v. United States, held that key provisions of state immigration laws passed...more

Circuit Split: How Does the CFAA Apply to Employment Cases?

Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more

New York Court Holds That Federal Standards of Care Preempt State-Law Standards Governing Hiring, Training, and Retention of...

A New York state trial court recently added another voice to the chorus of cases finding that federal law preempts state-law standards of care in the field of aviation safety. In In re: Air Crash Near Clarence Center, New...more

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

Do the NLRB's and the EEOC's Confidentiality Standards Conflict?

The recent NLRB ruling on confidentiality of interviews, which we previously discussed here, may conflict with the EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (the...more

Dealership Update, No. 3, August 2012: Service Writer Update

In April 2011, President Obama's Labor Department (DOL) announced that it was reverting to a position it had abandoned back in 1987. The DOL is again saying that service writers and service advisors are not exempt from...more

Varied Facebook Password Laws Could Plague Employers

Originally published in Law360, New York on August 02, 2012. Illinois on Wednesday became the second state to enact a law banning employers from requesting passwords for Facebook and other social media accounts from...more

4th Circuit Issues Employee Friendly CFAA Opinion

As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030. Last...more

Fourth Circuit Decision Deepens Split of Authority on Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

The U.S. Court of Appeals for the 4th Circuit has issued a ruling in WEC Carolina Energy Solutions v. Miller, holding that the federal Computer Fraud and Abuse Act (“CFAA”) prohibition on exceeding “authorized access” to a...more

TUPE: Service Provision Change - Do we need this provision?

Under the previous 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) and the EU Acquired Rights Directive (ARD) it was not clear whether the definition of a relevant transfer caught...more

The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation. [Video]

Kathi Sandweiss of the Arizona law firm Jaburg Wilk discusses the apellate process and explains how only the court record is reviewed for an appeal. The stakes run high in an appeal. That is when strength matters most and...more

With Hurricanes Come Unprecedented HR Challenges

Unlike some states, Florida has no law which prohibits employers from taking action against employees who refuse to work because of an impending hurricane. But, when a hurricane or other emergency occurs, numerous federal...more

When Are Short Term Disability Claims NOT Governed by ERISA — This Case Explains When State Law Claims Are Not Preempted

When does ERISA govern short term disability payments? Take a look at this recent case, Behjou v. Bank of America et. al, [PDF] __ F.Supp. 3d __ (N.D. California May 1, 2012). FACTS: Behjou brought short term...more

Employers in Florida Face State-Specific Employee Benefit Plan Issues

Employers with Florida employees face certain state-specific employee benefits compliance challenges. While in general ERISA preemption will serve to minimize the number of state laws applicable to the ERISA-governed benefit...more

Employers May Not Be Entitled to Full Disclosure of Potential EEOC Class Action Before Suit Is Filed

Employers often expect that, before the EEOC can expand a single-employee EEOC charge into a class action lawsuit, the EEOC must explain the scope of any potential class action and offer an employer the opportunity to resolve...more

Employee’s Wage Deduction Claim Not Preempted By Federal Law, Court of Appeal Determines

In Sciborski v. Pacific Bell Directory, the California Court of Appeal, Fourth Appellate District, Division One, determined that an employee’s claims for wage deductions under California Labor Code 221 was not preempted by...more

Seventh Circuit Holds Pharmaceutical Reps Exempt Under Administrative Exemption

This week, the Seventh Circuit issued a decision in Schaffer-Larose v. Eli Lily & Company, in which it held that pharmaceutical reps are exempt under the FLSA's administrative exemption. This is separate from the issue...more

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