Labor & Employment Law Community

Title	Views
1	Magistrate: Online Posting Made Song A U.S. Work, Defeats Copyright Claims	11962
2	Staub v. Proctor Hosp., 560 F.3d 647 (7th Cir. Ill., 2009)	9858
3	To Be Or Not To Be An Employee? That is the (Agency) Question	8633

NLRB Rules Against Requiring Employees to Sign Mandatory Arbitration Agreements Waiving Class Action Rights

On January 3, 2012, the National Labor Relations Board (NLRB or the “Board”) held that an employer committed an unfair labor practice by requiring employees, as a condition of their employment, to sign a mandatory arbitration agreement waiving

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

NLRB and FINRA Signal Federal Push To Create A Right for Employees To Pursue Collective Litigation Regardless of Arbitration Agreements

Two major regulatory agencies have signaled a government-wide effort to provide employees with a right to pursue collective and class litigation in court proceedings regardless of governing arbitration agreements. In a highly anticipated decision on January

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

President Makes Three Recess Appointments to NLRB

On Wednesday, January 4, President Barack Obama announced three recess appointments to the NLRB. They are Democrats Sharon Block and Richard Griffin and Republican Terence F. Flynn. The last time the Board had its full complement of members was in August

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

New Jersey Governor Signs Legislation Adopting the Uniform Trade Secrets Act

On January 9, New Jersey Gov. Chris Christie signed into law the New Jersey Uniform Trade Secrets Act (NJTSA), which is intended to afford greater protection for trade secrets in New Jersey. New Jersey, recognizing the significant damage that misappropriation

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

California Supreme Court Clarifies The Application of Wage/Hour Overtime Law To Insurance Claims Adjusters

Just before the New Year the California Supreme Court issued its long awaited opinion in Harris v. Liberty Mutual Insurance Company, S156555, addressing whether insurance claims adjusters can qualify for the administrative exemption from California's

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

U.S. Supreme Court Unanimously Rejects Teacher’s Retaliation Claims Against Church School Employer

In a unanimous decision issued on January 11, 2012, the U.S. Supreme Court ruled in Hosanna-Tabor Church v. Equal Employment Opportunity Commission that a teacher who was terminated after taking disability leave from her employment at a Lutheran church

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

Supreme Court Rules on “Ministerial Exception” for Discrimination Claims Against Religious Organizations

In what is being viewed as a groundbreaking decision under federal law for religious organization employers, the U.S. Supreme Court held on Wednesday that religious organizations can assert an affirmative defense in employment discrimination and retaliation

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

EEOC Takes Aggressive Measures to Enforce the ADAAA

Since the EEOC's final regulation under the Act were published in March of last year we have seen a sharp increase in EEOC charges filed under the ADA. Many of those charges have now worked their way through the EEOC process and we are seeing an increase

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident

What does the phrase mean "to care for" someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA? These issues as well as the impact of the ADAAA

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

Supreme Court Recognizes Exception to Discrimination Laws for Religious Employers

On January 11, 2012, the Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, one of the most highly anticipated religious rights cases to reach the Supreme Court in decades. In its opinion

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

Who Owns Your Employee’s Social Media Account Content?

Does your organization encourage your employees to open LinkedIn, Twitter or other social media accounts? Do employees add contacts and post updates to social media accounts on company time using company resources? Does your organization monitor employee

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

U.S. Supreme Court Clarifies First Amendment "Ministerial Exception"

On January 11, 2012, the U.S. Supreme Court adopted the court-created “ministerial exception” to the First Amendment of the Constitution, holding that the federal employment laws do not apply to ministers working at religious institutions

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

US Supreme Court Issues Opinion in Pacific Operations Offshore, LLP v. Valladolid

The Outer Continental Shelf Lands Act (“OCSLA”) extends worker compensation benefits for “disability or death . . . resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf.” 43 U

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

New Jersey Trade Secrets Act: What Will the Impact Be?

Governor Christie has signed into law the New Jersey Trade Secrets Act (the “NJTSA”), which is effective immediately and brings New Jersey into line with 46 other states and the District of Columbia, each of which has adopted a version of

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions

Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman. Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off. She said it was the most

Published Mon, Jan 16 2012 7:00 PM by Labor & Employment Articles on Martindale.com

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NLRB Rules Against Requiring Employees to Sign Mandatory Arbitration Agreements Waiving Class Action Rights

NLRB and FINRA Signal Federal Push To Create A Right for Employees To Pursue Collective Litigation Regardless of Arbitration Agreements

President Makes Three Recess Appointments to NLRB

New Jersey Governor Signs Legislation Adopting the Uniform Trade Secrets Act

California Supreme Court Clarifies The Application of Wage/Hour Overtime Law To Insurance Claims Adjusters

U.S. Supreme Court Unanimously Rejects Teacher’s Retaliation Claims Against Church School Employer

Supreme Court Rules on “Ministerial Exception” for Discrimination Claims Against Religious Organizations

EEOC Takes Aggressive Measures to Enforce the ADAAA

Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident

Supreme Court Recognizes Exception to Discrimination Laws for Religious Employers

Who Owns Your Employee’s Social Media Account Content?

U.S. Supreme Court Clarifies First Amendment "Ministerial Exception"

US Supreme Court Issues Opinion in Pacific Operations Offshore, LLP v. Valladolid

New Jersey Trade Secrets Act: What Will the Impact Be?

Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions