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Constangy, Brooks & Smith, LLP

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

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

| Administrative Law, Business Organizations, Elections & Politics, Labor...

Forum Selection Clause May Operate As Special Contract In Violation Of...

The Massachusetts Supreme Judicial Court held this week that, where certain criteria are met, an out-of-state forum selection clause in an employment contract will violate the Massachusetts Wage Act. The Employment Contract…more

| Administrative Law, Civil Procedure, Commercial Law & Contracts, Labor &...

Health Plans Have an Added Mandatory Disclosure under ERISA

Summary of Benefits and Coverage. Health care reform expands ERISA's disclosure requirements by requiring that group health plans provide a summary of benefits and coverage (“SBC”) to plan participants and beneficiaries…more

| Administrative Law, Health, Insurance, Labor & Employment Law, Taxation

Title VII Protects Transgender Employees, EEOC Says

In a recent landmark decision, the U.S. Equal Employment Opportunity Commission found that discrimination against transgender employees is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964…more

| Administrative Law, Civil Rights, Labor & Employment Law

When Can An Employer Fire An Employee For Medical Leave Fraud?

I was off enjoying the Florida sunshine last weekend while learning the latest techniques in pettifoggery and obfuscation (kidding!), but I hope I'll be making up for it today with a good case answering the musical question:…more

| Administrative Law, Labor & Employment Law

Executive Labor Summary - March/April 2012

In this Issue: * News and Analysis - NLRB "Poster Rule" enjoined! - NLRB claims Hyatt policies and handbook are overbroad and discriminatory - Pro-union conduct of supervisors did not materially affect…more

| Administrative Law, Civil Procedure, Civil Remedies, Civil Rights, Labor...

EEOC Breaks Out New Guidance On Use Of Criminal Background Checks In...

On April 25, 2012, the Equal Employment Opportunity Commission announced its much-anticipated new Enforcement Guidance on employers' use of criminal background information in making employment decisions. The new guidance came in…more

| Administrative Law, Civil Rights, Labor & Employment Law

NLRB Takes Another Hit: D.C. Circuit Puts "Poster Rule" On Hold

The National Labor Relations Board got more bad news yesterday, when the U.S. Court of Appeals for the District of Columbia Circuit enjoined enforcement of the NLRB's "poster rule." The court's action came only a few days after…more

| Administrative Law, Civil Procedure, Civil Remedies, Labor & Employment...

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