Labor & Employment Law | JD Supra Legal News, Updates, Analysis, & Information

Proposed New York Regulations Would Limit Executive Compensation

by Mintz Levin - Employment, Labor & Benefits on 5/23/2012

On May 16th, Governor Cuomo announced the issuance of proposed regulations by several New York State agencies which limit administrative costs and executive compensation for entities receiving State funding or...more

Under FEHA, Partner Can Sue Partnership For Retaliating Against Her For Opposing Sexual Harassment of An Employee

by Barger & Wolen on 5/23/2012

Liability for prohibited “employment practices” under the California Fair Employment and Housing Act (FEHA) generally requires the existence of an employment relationship. In a discrimination case, for example, there must...more

Second Circuit = The Avengers? Judges Create Alter Ego Liability

by Pullman & Comley, LLC on 5/23/2012

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court...more

Partner May State FEHA Claim Against Partnership For Retaliation For Opposing Sexual Harassment Of An Employee Of The Partnership

by Kronick, Moskovitz, Tiedemann & Girard on 5/22/2012

A California Court of Appeal recently held that the California Fair Employment and Housing Act (“FEHA”) supports a partner’s claim for retaliation against her partnership for opposing sexual harassment of an employee of the...more

Federal Court Ruling Prompts NLRB to Drop New Procedures for Union Elections

by Barger & Wolen on 5/21/2012

In light of a federal court ruling, Chamber of Commerce v. NLRB, the National Labor Relations Board (NLRB) has shelved controversial new regulations for determining whether a majority of employees wish to be represented by a...more

The New NRLB Rules: What is the Current Status?

by Davis, Brown, Koehn, Shors & Roberts, P.C. on 5/18/2012

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

Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

by Cullen and Dykman LLP on 5/18/2012

Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries,...more

Judge Rules Hostess Must Maintain Teamsters Union Contract

by Joel Glucksman on 5/18/2012

Judge Rules Hostess Must Maintain Teamsters Union Contract by Joel R. Glucksman on May 18, 2012 A recent court ruling will prohibit Hostess Brands Inc. from terminating its union contract with the Teamsters, a move that...more

Hold On, Mr. President! Not So Fast With Those Quickie Elections

by Constangy, Brooks & Smith, LLP on 5/18/2012

The "quickie elections" rule of the National Labor Relations Board, which took effect on April 30, is on hold after a federal court ruled Monday that the Board lacked a quorum and had not effectively promulgated the rule....more

NLRB's "Quickie Election" Rule Held Invalid on Technical Grounds

by McNees Wallace & Nurick LLC on 5/18/2012

Back in December, we posted about the National Labor Relations Board’s (Board) resolution to change union election procedures. Among other things, the pro-union rule shortened the time between the filing of an election...more

Court Invalidates NLRB Union Election Rule

by Fox Rothschild on 5/17/2012

On May 14, a Federal District court judge struck down the National Labor Relations Board’s controversial new union election rule. Judge James Boasberg of the U.S. District Court for the District of Columbia held that the rule...more

Federal Court Invalidates NLRB’s ‘Ambush Election’ Rule

by Ballard Spahr LLP on 5/17/2012

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

by Saul Ewing LLP on 5/17/2012

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

by Pierce Atwood LLP on 5/17/2012

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

Breaking the Code of ERISA Fiduciaries: A Plan Sponsor’s Guide

by The Rosenbaum Law Firm P.C. on 5/17/2012

When you are purchasing a home computer these days, it can often be confusing if you are not well versed in the jargon. While selecting between a Mac and a PC or a laptop vs. a desktop is easy, the other details can be...more

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Labor & Employment Law – May 23, 2012

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