Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
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
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL
A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more
Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more
Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more
Employers that utilize arbitration agreements just received a major vote of confidence from the Supreme Court of the United States (SCOTUS).
In Nitro-Lift Technologies, LLC v. Eddie Lee Howard, et al., +2012 U.S. LEXIS...more
The battle for how the landmark arbitration decision Concepcion v. AT&T Mobility (“Concepcion”) should be construed in California continues with Monday’s issuance of Franco v. Arekelian Enterprises, Inc. (“Franco II”)....more
This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012)....more
Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more
In the latest of a long line of decisions favoring arbitration, the United States Supreme Court has overturned a decision of the Oklahoma Supreme Court invalidating a non-compete agreement that contained a binding arbitration...more
A short per curiam opinion issued yesterday by the United States Supreme Court concerning an employment dispute in Oklahoma is likely to result in consternation in California....more
This morning, the U.S. Supreme Court, in a per curiam opinion, ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA). The Court vacated a decision made by the...more
In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more
Truly Nolen of America v. Superior Court, 2012 WL 3222211 (Aug. 13, 2012) California law involving classwide wage-and-hour arbitration continues to evolve in the aftermath of the United States Supreme Court’s landmark...more
Many employers welcomed the Supreme Court's April, 2011 AT & T Mobility v. Concepcion decision with both open arms and a sense of relief - fatigued as they have been with employment-related class actions - and looking forward...more
The U.S. Court of Appeals for the Fifth Circuit recently held that collective bargaining agreements cannot provide for judicial review of the Railway Labor Act’s (RLA) exclusive and mandatory dispute resolution...more
Two recent decisions on arbitration, one from the National Labor Relations Board
(“NLRB” or “Board”) and one from the Supreme Court of the United States, present an
We have previously posted on the limits that courts inevitably find to the arbitrability of disputes, such as with “manifest disregard” oversight or grounds of public policy (see for example...more
In this issue: Titans Clash and Uncertainty Abounds – The Ongoing Turmoil Regarding Enforceability of Mandatory Employment Arbitration Agreements in California and D.R Horton, Inc. - The NLRB Weighs in on Class...more
A federal trial court in Michigan has held that an ERISA lawsuit brought by a former employee of Northwest Airlines is a minor dispute and is preempted by the Railway Labor Act (RLA). See James v. American General Assurance...more
Yesterday, the U.S. Supreme Court in a 5-4 decision endorsed the enforceability of class arbitration waivers, which businesses may enter into before any dispute arises to protect themselves from consumer and employment...more
On April 27, the United States Supreme Court handed down AT&T Mobility LLC v. Concepcion, 11 C.D.O.S. 4842. This 5-4 decision invalidated California's judge made Discover Bank rule, which had required that most consumer...more
As our colleagues who litigate consumer class actions reported in last week’s client alert, the United States Supreme Court handed businesses a major victory last Wednesday, overturning California law to uphold a mandatory...more
This article is a continuation of Ford & Harrison LLP's focus on the use of arbitration agreements to protect employers from collective/class-action exposure under the Fair Labor Standards Act.
On April 27, 2011, the...more
Recently, the United States Supreme Court issued a key decision regarding arbitration agreements, and to what extent these agreements control plaintiffs’ access to court. Over the past several terms, the Supreme Court has...more
The Supreme Court’s decision in AT&T Mobility v. Concepcion, issued yesterday, overturned a Ninth Circuit decision and held that class action waivers in arbitration agreements are permissible under the Federal Arbitration Act...more
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