Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Newsbreak: What You Post on Facebook Can Be Used Against You
As More States Implement Social Media Password Laws, There’s Still Some Blind Spots
Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail
Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law
Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
Businessweek Reporter: BigLaw Is "Crash Landing"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Be Fired for a Tattoo?
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
What You Need to Know About New Secretary of Labor Thomas Perez
Study Reveals Alarming Statistics On Theft and Employee Misuse of Company Data
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Marijuana in the Workplace
5 Risks of Telecommuting (And How Employers Should Handle Them)
Two Key Elements Every Social Media Policy Should Include
Some employers have decided that it is beneficial to try to avoid public lawsuits and arbitrate disputes they may have with their employees. Such employers typically require employees to agree to arbitration at the time of...more
Ever have that feeling that your arbitrator just doesn’t understand you? You may be right, but there’s not much you can do about it. A recent unanimous ruling by the United States Supreme Court should encourage employers to...more
Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision....more
On June 10, 2013, the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter upheld an arbitrator's determination that a physician's claim against Oxford may proceed on a class basis. The Court held that because the parties...more
In Oxford Health Plans LLC v. Sutter, the United States Supreme Court was asked to determine "whether an arbitrator exceeds his powers under the Federal Arbitration Act by determining that parties affirmatively 'agreed to...more
On June 10, 2013, the U.S. Supreme Court held that an arbitrator did not exceed his authority under the Federal Arbitration Act (FAA) when the arbitrator interpreted the parties' arbitration agreement to permit class...more
On June 10, 2013 a unanimous decision of the U.S. Supreme Court clarified the standard of review federal courts will use when reviewing an arbitrator’s decision about whether parties contemplated class arbitration when they...more
From the Hill: FMLA Amendment and Anti-Arbitration Legislation -
Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more
Class action waivers in employment agreements have been a point of contention for quite some time. More often than not, courts around the country have found that employment arbitration agreements with class action waivers are...more
The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more
In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more
On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board -
The standard FIDIC form of contract contains a tiered...more
Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?
by Gary S. Young on May 10, 2013
The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a...more
Jacob was in love with Rachel, but he had a problem. What could he offer Rachel’s father Laban for her hand? Not having much, he offered to work for seven years. Laban seemed to find this acceptable, but when the seven years...more
On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more
Compton v. American Management Services LLC, No. B236669 (March 19, 2013): A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided. The agreement,...more
At the root of an uptick in cruise ship mishaps and disasters may be overworked and fatigued crew members, a maritime law firm is claiming. The spread of foreign arbitration clauses in employee contracts that prevent workers...more
The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more
Harris v. Bingham McCutchen LLP California Court of Appeal, Second Appellate District, Case No, B240522, March 29, 2013.
The Second Appellate District affirmed the trial court’s determination that (i) a choice of law...more
In this issue:
- What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement
- “The Climb” — NC Activities Directors Win National Award for Their Work...more
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more
In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more
Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more
The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more
In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more
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