Labor and Employment Law

    • 5 Mar 2015

    Is the C-Suite Ready for Trial Tweeting?

    The tweets are flying out of the courtroom in day 5 of the highly anticipated Silicon Valley sex bias jury trial happening right now in a Superior Court of California San Francisco courtroom. Journalists from the Wall Street Journal , Business Insider , Wired , The Verge , VentureWire , USA Today , and Re/Code are sharing their observations of the jury trial on Twitter®. There are also Tweets from lay people. ...
    • 4 Mar 2015

    Two First Amendment Rights, Only One Protected: Last Man Standing (Sort Of) Gets It Right

    One of my guilty pleasures is watching Tim Allen's show Last Man Standing. Guilty because, unlike the very apolitical Home Improvement, Tim Allen uses his new vehicle to take some slaps at President Obama and liberals in general. In a recent episode, Three Sundays , they addressed two rights protected by the First Amendment, how these rights play out in the workplace, and sorta kinda got them right. However, they...
    • 4 Mar 2015

    Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

    by Robin Largent Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme Court’s decision in Iskanian v. CLS Transportation . In this latest case, Securitas Security Services USA, Inc. v. Superior Court (Edwards) , the employer presented...
    • 4 Mar 2015

    Transfer as Reasonable Accommodation?

    I once worked for a law firm (that shall remain nameless) that put me in a converted utility closet for my office. It was the only associate “office” open near the partners for whom I worked. It was so cramped that I has to turn sideways to shimmy past the desk to get to my chair. I thought of this experience yesterday as I read a story on about a law firm associate who is suing her employer...
    • 3 Mar 2015

    Marriage Equality and the FMLA

    The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question of when same-sex couples were eligible for spousal benefits in a variety of contexts. In a move that is sure to...
    • 3 Nov 2014

    Ohio Considers Paid Leave For Quarantined Employees

    As just-back-from-Sierra-Leone Kaci Kickox continues to fight efforts to bind her to a mandatory 21-day Ebola quarantine, states around the country continue to figure out how to deal with these very new issues. Ohio (which was Ebola ground-zero only a few weeks ago) has entered the fray with H.B. 647 . The bill would: • Provide paid leave to any employee unable to work because of a quarantine or placement...
    • 21 Aug 2014

    Cop Loses Big ADA Verdict on a Finding of No Disability

    When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, his ADHD diagnosis notwithstanding, at least according to the 9th Circuit in Weaving v. City of Hillsboro (8/15/14) [ an annotated version of this statute is available to subscribers ] . Matthew Weaving was diagnosed with ADHD as a child. As an adult, he pursued a career...
    • 20 Aug 2014

    An Unconstitutional Workplace Social Media Policy?

    Can an employer's social media policy be unconstitutional? Maybe - if it's a public employer. We may get some insight into the constitutional boundaries of public employer social media policies in a new lawsuit filed against a sheriff's office in Texas. The case is Pittman v. Garcia. You can read the Complaint (including the challenged social media policy as an exhibit) by clicking on the link. The Houston...
    • 20 Aug 2014

    New Jersey Limits Use of Criminal History in Hiring Decisions

    by Rachel Tischler As we reported in December 2013 (see here ), New Jersey was on the road to joining 6 other states which have recently passed legislation banning or limiting the use of criminal background checks in the hiring process. On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act, and New Jersey joined Connecticut, Illinois, Massachusetts, and Rhode Island, among a number...
    • 20 Aug 2014

    Court of Claims: Late Payment of Overtime Wages Resulted in an FLSA Violation

    by John E. Thompson A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: ♦ Failing to pay non-exempt employees the FLSA-required minimum-wage or overtime compensation by the next regular payday for the workweek (or by the next regular payday for the longer pay-period in which the workweek ends) after they can be determined...
    • 19 Aug 2014

    "Jail 'Em" Says Pennsylvania Senator About Employers Who Misclassify

    I've written here recently about the one-sided Criminalization of Employment Law . It seems that employees are getting tossed in jail while scofflaw employers sail off in their yachts laughing at the 99%. Well, at least one state Senator is doing something to balance things out. Senator Mike Stack has proposed a bill in Pennsylvania to toss employers who misclassify employees in jail . Employers who declare employees...
    • 10 Oct 2011

    Is Morbid Obesity a Disability under Federal Employment Law?

    Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act , when it fired a 680-pound worker because he was morbidly obese. Is morbid obesity considered an ADA disability? As discussed here on the blog last week, a physical or mental impairment that substantially limits one or more major life activities is considered...
    • 10 Oct 2011

    Do I Have a Case for Constructive Discharge?

    Many People Quit Their Jobs Every Day Roughly 48% of the currently identified unemployed actually quit their job. An unusually high number? No. That is within range the national norm for the past 5 years . Many people quit because they felt they were being treated unfairly, or even abusively, during their employment. Stated otherwise, many felt they were subjected to a hostile work environment. What...
    • 10 Oct 2011


    On last Sunday's episode of HBO's Boardwalk Empire , Chalky White, a jailed African-American bootlegger, comforted his wife with the following information about his attorney: "He a Hebrew gentleman." Lest you think that such observations were left in the 1920s, I once had a client I was defending in a race harassment case refer to me as his "Jew lawyer." I relay these tales (both real...
    • 1 Oct 2011

    Announcing the LexisNexis Labor & Employment Top Blog 2011

    Your votes have been counted for the Top Labor & Employment Law Blog of 2011, and we have a winner! Congratulations to Employment and the Law! We were pleased about the volume of voting and the outstanding list of nominees in this year's Top Blogs campaign. Our Top 25 Estate, Labor & Employment Law Blogs contain a wealth of valuable information for employment and labor law practitioners. All nominees...
    • 13 Sep 2011

    The LexisNexis Top 25 Labor and Employment Law Blogs of 2011

    The results are in, and the LexisNexis Labor and Employment Law Community is pleased to announce the LexisNexis Top 25 Labor and Employment Law Blogs of 2011. Congratulations to all the honorees and to all those who were nominated! The honored blogs contain a wealth of information for employment and labor law practitioners, with timely news items, practical information, expert analysis, tips, frequent postings, and...
    • 21 Jun 2011

    Ohio Employer's Law Blog

    Visit the Ohio Employer's Law Blog, written by Jon Hyman, for practical employment law information .
    • 28 Mar 2011

    Employment and the Law

    Published by Ashley Kasarjian, an attorney at Snell & Wilmer L.L.P. in Phoenix, Arizona Visit Employment and the Law
    • 8 Dec 2010

    California Labor and Employment Blog

    By Eugene D. Lee Legal advice and tips about employee rights and employment law. Visit the California Labor and Employment Law Blog
    • 5 Nov 2010

    Connecticut Employment Law Blog

    Daniel Schwartz of Pullman & Conley, LLC blogs about news and noteworthy developments in the Labor & Employment Law Field. Visit the Connecticut Employment Law Blog
    • 5 Nov 2010

    Workplace Prof Blog

    By Richard Bales & other authors Law school professors teaching employment law, labor law, discrimination law and related courses provide daily information and updates and discuss pertinent news and legal developments in these areas of law. Visit the Workplace Prof Blog
    • 5 Nov 2010

    New York Business Litigation and Employment Attorneys Blog

    By David S. Rich Features questions and answers about business litigation and employment law and updates and commentary on national, New York, and New Jersey developments in these same areas of law. Visit the New York Business Litigation and Employment Attorneys Blog
    • 4 Nov 2010

    Labor & Employment Law Blog

    Up-to-date information on labor & employment Visit the Labor & Employment Law Blog
    • 4 Nov 2010

    Texas Employment Law Blog

    Employment law and discrimination issues Visit the Texas Employment Law Blog
    • 4 Nov 2010

    The Laconic Law Blog

    Pithy commentary on employment law in Virginia and beyond Visit the Laconic Law Blog