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Labor & Employment Civil Procedure Constitutional Law

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected...

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines. White House Immigration Meeting Ends in Vulgarity - On Thursday, Congressional Democrats...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Plaintiffs Lack Standing to Bring ERISA Fee Litigation Case

A federal district court in Georgia dismissed claims by participants in Delta Air Lines, Inc.’s 401(k) plan who alleged that Delta breached its ERISA fiduciary duties by allowing the plan to invest in funds that allegedly...more

Court Finds Florida Statute Preempts Miami Beach Minimum Wage Ordinance

On December 13, 2017, a Florida district court of appeal held that Miami Beach violated Florida law by enacting a local ordinance increasing the minimum wage. According to the court, Florida law prohibits municipalities from...more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

The Second Circuit Weighs In On Tidal Wave Of Class Actions Under The Illinois Biometric Privacy Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As biometric technology has become more advanced and affordable, more companies and employers have begun implementing procedures and systems that rely on biometric data. ...more

FCRA Injury Requirement Remains Murky Following Supreme Court Denial of Certiorari

On November 12, 2017, the U.S. Supreme Court declined to hear a case that would have clarified an important issue in Fair Credit Reporting Act (FCRA) litigation, a popular source of no-injury class action litigation. The...more

Top Five Labor Law Developments For October 2017

by Jackson Lewis P.C. on

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled,...more

The U.S. Supreme Court, Unions, And The Future Of Collective Bargaining In The Public Sector

The U.S. Supreme Court will soon hear a case that has the potential to rock the world of unions that represent public sector employees in Rhode Island and throughout the country. The Court will decide whether state...more

Employment Law - November 2017

California Employers Face Multiple New Laws - Why it matters - With several new employment-related measures recently signed into law, California employers should start preparing themselves now. Beginning on Jan. 1,...more

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

by Bowditch & Dewey on

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health...more

California Federal Court Strikes Down FCRA Claim

by Foley & Lardner LLP on

Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of...more

Florida Supreme Court: Physicians' Peer Reviews Not Protected from Public Disclosure

by Holland & Knight LLP on

• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

An early Halloween trick for Connecticut's public-sector labor unions: Will Janus V. AFSCME, Co. 31 be the end of the agency shop?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and...more

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

by Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

by Franczek Radelet P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

The Supreme Court - October 2, 2017

by Dorsey & Whitney LLP on

On Thursday, September 28, 2017, the Supreme Court granted certiorari in the following cases: Janus v. American Federation, No. 16-1466: Should Abood v. Detroit Board of Education, 431 U.S. 209 (1977), which held that it...more

Supreme Court Certiorari Grants: Fall 2017 Term

by Faegre Baker Daniels on

1. Freedom of Speech; Labor and Employment. Janus v. American Federation of State, County and Municipal Employees, No. 16-1466. May a government require its employees to pay agency fees to an exclusive representative for...more

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

by Ballard Spahr LLP on

The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more

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