Constitutional Law Labor & Employment

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Arrest Warrant Service is Not "Protected Activity" Under California's Anti-SLAPP Statute

Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

DOL Rule Redefining “Spouse” Under the FMLA on Hold in Several States

On Feb. 25, 2015, the U.S. Department of Labor (DOL) promulgated a final rule that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse” to extend the FMLA’s protections to...more

The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May...

Background - Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more

Corte Constitucional Establece Lineamientos en el Proceso Disciplinario Laboral - Sentencia de la Corte Constitucional define los...

La Corte Constitucional, mediante sentencia C – 593 de 2014, estableció los lineamentos para el desarrollo del proceso disciplinario laboral de los trabajadores. Sobre el particular, la Corte afirmó que el procedimiento...more

NJ Businesses and Lawmakers Continue Debate over Municipal Sick Leave Laws

Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey. To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic,...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Democrats Take their Budget Plan on the Road While Governor Pushes For Constitutional Amendment...more

Guns in the Trunks: Employees Now Can Sue Their Employers!

It has long been a crime to carry a gun on private property if prohibited by the owner. The enactment two years ago of the so-called "Guns in the Trunks" law changes this long standing law. See Tenn. Code Ann. 39-17-1313....more

Hold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with ‘Guns-in-Trunks’

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s...more

NLRB determines vulgar Facebook posts protected concerted activity

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

News from Second and State

Tax day has come and gone, and while Will Rogers once said that “it’s a good thing we don’t get as much government as we pay for,” Pennsylvanians got their fair share this week....more

Can French Employees Wear Unrestricted Religious Symbols in the Workplace?

The French Supreme Court provides guidance to employers in France on how to deal with employees who wear religious symbols in the workplace....more

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1)...more

Federal Employment Case Update | Pizza and Beer

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

Transgender Litigant Challenges Exclusion of "Gender Identity Disorder" in Americans with Disabilities Act

The Americans with Disabilities Act, 42 U.S.C. § 12191, et seq. ("ADA"), expressly excludes from its protections individuals whose gender identity disorder is not the result of a physical impairment. The so-called "GID...more

Social Media: Strategy and Implementation - Are you protected?

With more companies utilizing social media as a part of doing business, are you protecting yourself and your business from issues that can arise when implementing these strategies? Where do you stand legally when employees...more

Tennessee Governor Signs Legislation Providing Additional Employment Protections for Handgun Owners

Tennessee Governor Bill Haslam has signed legislation providing new employment protections for handgun owners. As discussed in more detail in our March 25, 2015 Alert, the new law creates a private right of action for any...more

Guns on Company Property: Think Twice Before Taking Action

In the latest round of gun law regulations, Governor Bill Haslam has signed an amendment to Tennessee's "Guns in Trunks" law. The amendment allows employees to sue their employers if they are disciplined or fired for storing...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Tennessee Governor Signs Law Prohibiting Employers From Disciplining Employees With Firearms in Vehicles

Two weeks ago, we reported that the Tennessee General Assembly had voted in favor of adding a provision to Tennessee’s “Guns in Trunks” law. On April 6, 2015, Governor Haslam signed the bill into law. ...more

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Supplemental Budget to Become Law - Governor LePage will allow the state supplement...more

Texas Judge Blocks FMLA Same-Sex Spouse Rule in Four States

The Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act was supposed to go into effect on March 27. At the 11th hour, however, a federal judge in Texas stepped in and preliminarily enjoined...more

Illinois Supreme Court to Decide If State’s Union Contract Conditioned on Appropriations

In the closing days of the March term, the Illinois Supreme Court agreed to wade yet again into the contentious and politicized area of public employee wages and benefits. State of Illinois v. American Federation of State,...more

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