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Administrative Agency Civil Rights Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Does the NLRA Protect Racist Insults by Picketing Workers?

by Bass, Berry & Sims PLC on

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

Food and Beverage Law Update: October 2015

by Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Administrative Closing Of Employment Discrimination Case Subject To Arbitration Agreement Bars Appellate Review

by Carlton Fields on

In Walker v. TA Operating, LLC et. al., Case No. 14-41046 (5th Cir. May 22, 2015), the Fifth Circuit Court of Appeals dismissed an appeal of an employment discrimination case subject to an arbitration agreement due to lack of...more

Bill 42: Towards a central portal in labour and employment

by Dentons on

On April 15, 2015, the Minister of Labour, Employment and Social Solidarity tabled Bill 42 in the Québec National Assembly. The Bill is titled, An Act to group the Commission de l'équité salariale, the Commission des normes...more

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed...more

OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process

by Shipman & Goodwin LLP on

On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction between the due process hearing system and the state...more

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

Arbitrator may order change to hours, location of doctor who sexually-harassed hospital nurse

by Dentons on

Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided....more

Fenwick Employment Brief - December 2012

by Fenwick & West LLP on

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Navigating the Two-Way Street of Workplace Accommodation

by Field Law on

The phrase “accommodation is a two-way street” appears often in arbitration and human rights decisions that discuss an employer’s duty to accommodate its employees. That accommodation has been characterized this way means...more

Fenwick Employment Brief - August 2012

by Fenwick & West LLP on

In This Issue: Time To Tidy Up Your Arbitration Clause; California Court Provides Insight Into Application And Scope Of Administrative Exemption; NEWS BITES: Employers Can Recover Against Advances On Commissions;...more

Fenwick Employment Brief - May 2012

by Fenwick & West LLP on

In This Issue: - Attorney Fees Not Recoverable For Prevailing Party In Meal And Rest Period Cases - EEOC Provides Guidance Regarding Use Of Criminal History In Employment Decisions - News Bites ..Court...more

"Employment Flash" - March 2012

The March 2012 edition covers important new developments in labor and employment law, including the following: - Expanded Protections for Sarbanes-Oxley Whistleblowers; - NLRB Limits Use of Class Action...more

Labor Letter - March 2012

by Fisher Phillips on

In This Issue: “If They Hate You, They Must Hate Me Too” By Greg Ballew (Kansas City) On February 9, 2012, the U.S. Court of Appeals for the 5th Circuit addressed the issue of whether alleged...more

Legal Alert: Mandatory Mediation in Minnesota

by FordHarrison on

The Minnesota Department of Human Rights (MDHR) announced last month that it is requiring mediation for every charge of discrimination filed with the Department. Previously, the MDHR only offered mediation for early...more

CHRO Attorney Agrees Emphasis at Agency “Has Shifted From MAR to Mediation”

by Pullman & Comley, LLC on

Earlier this week, I wrote about the perception among some that the CHRO has been retaining more cases for investigation by letting more cases through the Merit Assessment Review. These cases that used to be dismissed —...more

Are Any Cases Getting Thrown Out as “Frivolous” at the CHRO Anymore?

by Pullman & Comley, LLC on

State Law Changes To CHRO As I’ve noted before, the CHRO procedures were changed effective October 1, 2011. One question that we had at the time was whether the CHRO would be retaining more discrimination claims by...more

Employers Should Update Their Discrimination Policies in Light of the EEOC's Increased Awards for Discrimination Victims in 2011

by Cole Schotz on

Overall, 2011 was a record breaking year for the EEOC. During the 2011 fiscal year, the Equal Employment Opportunity Commission (“EEOC”) won a record-breaking $365 million for discrimination victims. In addition, the EEOC’s...more

New Employment Laws for 2012: Oregon, Washington, and California

by Davis Wright Tremaine LLP on

Oregon, Washington, and California recently passed legislation effective in 2012 that will directly affect employers with employees in those states. We’ve compiled a summary of the most significant changes. --...more

Fenwick Employment Brief - May 13, 2011

by Fenwick & West LLP on

In this issue: Employer May Lawfully Terminate Employee For Disability-Caused Threats of Violence Toward Coworkers; Obligation to "Provide" - As Opposed to "Ensure" - Breaks and Meal Periods Under California Law Gains Further...more

After the Supreme Court’s AT&T Ruling, Are Consumer Class Actions Dead?

by Howard Ankin on

According to many sources, the United State’s Supreme Court’s 5-4 ruling in the Concepcion v. AT&T decision is anything but favorable for consumers. The decision allows corporations to ban class actions by using the...more

Labor Letter - April 2011

by Fisher Phillips on

In This Issue: Seven (Sometimes Surprising) Facts About Mediation By Jennifer Achtert (San Francisco) If you have ever been part of a lawsuit, you are probably aware that somewhere in the range of 95% of...more

Massachusetts Supreme Judicial Court Holds that Arbitration Clause Does Not Preclude MCAD Proceeding

by Foley Hoag LLP on

The Massachusetts Supreme Judicial Court recently held that an employee could file a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), despite that she was subject to a valid arbitration agreement...more

Fenwick Employment Brief - March 14, 2011

by Fenwick & West LLP on

In this issue: U.S. Supreme Court Validates "Cat's Paw" Theory of Liability; California Courts Continue to Scrutinize Mandatory Employment Arbitration Agreements; Failure to Provide Meal and Rest Periods Subject California...more

Fenwick Employment Brief - July 14, 2010

by Fenwick & West LLP on

In This Brief: *Court Revives Age Discrimination Claim, Finding "Me Too" Evidence Admissible *Post-Employment Customer Non-Solicits: Good Practice or Lawsuit Invitation? *U.S. Supreme Court: Unconscionability...more

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