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

Employment Law Commentary: Unpaid Internships: A Prevalent Practice Called into Question -- Volume 24, No. 5 May 2012

by Morrison & Foerster LLP on 5/23/2012

An unpaid internship for a college student has almost become a rite of passage. Many advocates, however, charge that unpaid internships are just a form of unpaid labor, regardless of the benefits enjoyed by students and...more

Court Issues $35M Award Against Plan Fiduciaries for Excessive Fees

by Reed Smith on 5/23/2012

A recent decision, Tussey v. ABB, Inc., 2012 WL 1113291 (W.D. Mo. 3/31/2012), has drawn much attention in the retirement plan community. In Tussey, a U.S. District Court found that ABB, Inc., along with several of the...more

Two Medical Conditions Can Equal One FMLA Serious Health Condition

by Franczek Radelet P.C. on 5/23/2012

Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As reported by my...more

Attorney Fee Award Should Be Made Payable To Attorney And Not Client

by Proskauer - California Employment Law on 5/21/2012

Henry M. Lee represented Ok Song Chang in employment litigation resulting in a $62,000 judgment in Chang's favor following a jury trial. The trial court also awarded Chang $300,000 in attorney fees as a prevailing party under...more

The “Wright” Way to Draft a Termination Provision

by Fraser Milner Casgrain LLP on 5/18/2012

n the recently released Ontario Superior Court of Justice decision in Wright v. The Young and Rubicam Group of Companies, it was confirmed that a termination provision in an employment agreement will not be upheld if there...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Fraser Milner Casgrain LLP on 5/18/2012

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Legal Alert: Minnesota Supreme Court Expands Sexual Harassment Cause of Action under State Law

by Ford & Harrison LLP on 5/18/2012

Executive Summary: Yesterday, the Minnesota Supreme Court concluded for the first time that a cause of action exists under the Minnesota Human Rights Act (MHRA) for a hostile work environment based on sex without evidence...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

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

Retaliation Claims Under Civil Rights Statutes

by Dinsmore & Shohl LLP on 5/17/2012

Retaliation claims originate from employees engaging in a protected activity, such as reporting a violation of a federal law, and the employer retaliating by taking an adverse employment action against the employee. What is a...more

9th Circuit: Equitable Remedies Post-Amara — Mere Violations of Law Do Not Establish “Harm” Justifying Equitable Remedies

by Lane Powell PC - ERISA Law on 5/17/2012

What equitable remedies are available to plan participants? As you probably know, CIGNA v. Amara, 131 S.Ct. 1866, 1878-80 (2011) contains dicta that can be viewed as expanding the range of “equitable relief” available to...more

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

by Epstein Becker & Green, P.C. on 5/17/2012

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

by Miller Canfield on 5/17/2012

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

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Labor & Employment Law – May 23, 2012

Narrowed by: Civil Remedies