Elections & Politics Labor & Employment Civil Remedies

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"California Fair Pay Act" Becomes Law

The new law expands the equal pay requirement for men and women to "substantially similar work" regardless of location, modifies employers’ business justification defense, and increases employers’ recordkeeping obligations to...more

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

Senate Approves Whistleblower Bill for the Auto Industry

The U.S. Senate passed the first-ever piece of whistleblower legislation specific to automotive safety April 28. The proposed measure provides incentives to whistleblowers within the auto industry to come forward about known...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

New Tools for Companies Against Cybercrime

Obama administration proposal would reduce legal ambiguities and allow civil RICO claims. On January 2015, the Obama administration announced a series of proposals to strength­en the country’s response to...more

Implementation Of DACA Expansion And New DAPA Program Delayed

Even before the President’s executive actions on immigration have been implemented, there is a new development. On Monday, a federal district court in Texas issued a preliminary injunction blocking implementation of the new...more

Federal Judge Grants Preliminary Injunction to Block Executive Action on Immigration While Related Regulations Proceed

Executive Action on Immigration Halted - On February 16, 2015, Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas ordered a temporary injunction to halt key portions of President...more

Texas and 17 States Sue Over the President’s Executive Action on Immigration

On Wednesday, December 3, 2014, the attorneys general and governors of 17 states filed a complaint for declaratory and injunctive relief with the United States District Court for the Southern District of Texas challenging...more

Federal Trade Secrets Legislation: What Is It? Will It Pass? What Does It Mean for Employers?

Theft of trade secrets is a constant concern for many employers. Congress has listened, and over the course of this year, it has been moving forward with federal legislation aimed at protecting trade secrets. ...more

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

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