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Privacy, Privilege, and Professionalism
Posted: March 31st, 2010, 7:55am EDT by laborprof lpb
The New Jersey Supreme Court just weighed in on the conflict between employer rights in the computers they provide and employee privacy rights. In a man--bites-dog turn of events, the employee won -- at least when the privacy interest at... -
Employers Must Now Provide Lactation Breaks and Facilities
Posted: March 30th, 2010, 3:00pm EDT by laborprof lpb
We haven't posted much about the Patient Protection and Affordable Care Act because it focuses so much on regulating the insurance industry and to a lesser extent regulates employers. There's an important protection in it, though, for women who breastfeed... -
Recently Published Scholarship
Posted: March 29th, 2010, 8:37am EDT by laborprof lpb
Paul A. Race & Seth M. Dornier, ADA Amendments Act of 2008: The Effect on Employers and Educators, 46 Willamette L. Rev. 357 (2009). Robert J. Tepper & Craig G. White, Academic Early Retirement: Do Tenure Buyout Payments Warrant Unique... -
Top-10 Labor & Employment Recent SSRN Downloads
Posted: March 28th, 2010, 9:29am EDT by laborprof lpb
John E. Core & Wayne R. Guay, Is There a Case for Regulating Executive Pay in the Financial Services Industry? (193). Susan Carle (photo above), A Social Movement History of Title VII Disparate Impact Analysis (132). Jennifer G. Hill, New... -
Becker, Feldblum, and Others Given Recess Appointments
Posted: March 27th, 2010, 11:18pm EDT by laborprof lpb
As predicted, President Obama made several recess appointments today, including Craig Becker to the NLRB. What was interesting was that Obama recessed only the two Democratic nominees to the NLRB, but recessed two Democrats (including Chai Feldblum of Georgetown) and... -
Fall Seton Hall Forum Call for Proposals
Posted: March 26th, 2010, 10:04am EDT by laborprof lpb
Building on the successes of the last four years, the Fifth Annual Seton Hall Employment & Labor Law Scholars’ Forum will continue to provide junior scholars with commentary and critique by their more senior colleagues in the legal academy while... -
Rothstein Elected to ALI
Posted: March 25th, 2010, 5:47pm EDT by laborprof lpb
We posted yesterday on Paul Secunda's election to the American Law Institute. I did not know it at the time, but Laura Rothstein (Louisville - Brandeis) also has been elected to ALI. Laura has worked on disability law for more... -
Looking More Likely Becker Will Be Recessed Appointed to the NLRB
Posted: March 25th, 2010, 5:28pm EDT by laborprof lpb
Well, I for one, hope so. Not only because he is eminently qualified for the position, but because his confirmation process indicated that there was nothing fair or impartial about the way John McCain and his fellow Republicans handled the... -
ABA Section on Labor and Employment Law Ethics Committee Meeting
Posted: March 25th, 2010, 4:00pm EDT by laborprof lpb
The ABA Section on Labor and Employment Law Ethics and Professional Responsibility Committee will be meeting this weekend in Coronado California for a midwinter meeting. Among myriad other speakers will be: . Gwen Handelman (Nova Southeastern), moderating a panel on... -
Secunda & Oborne: Webinar on State Captive Audience Legislation
Posted: March 25th, 2010, 11:30am EDT by laborprof lpb
Paul Secunda (Marquette) and Scott Oborne (Jackson Lewis - Portland) are teaming up to offer an ALI-ABA webinar on State Captive Audience Legislation, Union Organizing Campaigns, and NLRA Preemption. Here's a summary of the program: "[C]aptive audience meetings” ... are... -
California Employment Law
Posted: March 25th, 2010, 10:47am EDT by laborprof lpb
Defense firm Seyfarth Shaw has published the 2010 edition of Cal-Peculiarities: How California Employment Law is Different, which is available by request from the firm. Here's an excerpt from a promotional summary:A critical reference for any employer doing business in... -
Moffat v. Noncompetes
Posted: March 25th, 2010, 10:37am EDT by laborprof lpb
Viva Moffat (Denver) has just posted on SSRN her article (forthcoming William & MaryL. Rev.) The Wrong Tool for the Job: The IP Problem with Non-Competition Agreements. Here's the abstract:In this article, I argue that non-competition agreements should be unenforceable.... -
Fifth Circuit Holds Mixed Motives Available in Title VII Retaliation Case
Posted: March 25th, 2010, 10:00am EDT by laborprof lpb
The Fifth Circuit decided an important retaliation case yesterday. In Smith v. Xerox, the court held that a plaintiff could use a mixed motives theory in a retaliation case under Title VII. Kim Smith won a jury verdict against Xerox... -
KBR Withdraws Cert. Petition
Posted: March 24th, 2010, 12:04pm EDT by laborprof lpb
We reported in early February that KBR/Halliburton had filed a cert petition in the Jones case, which, you may recall, involved allegations by employee Jamie Leigh Jones that she was drugged and raped by several of her coworkers in her... -
CLE on Plausibility in Labor and Employment Cases
Posted: March 24th, 2010, 11:29am EDT by laborprof lpb
The ABA Section of Labor and Employment Law and Center for Continuing Legal Education are presenting a CLE program (teleconference and live audio webcast) on the effect of Iqbal and Twombly on labor and employment cases. According to the program... -
Secunda Elected to ALI
Posted: March 24th, 2010, 8:45am EDT by laborprof lpb
Many congratulations to Paul Secunda, who has been elected to the American Law Institute. If any other readers of Workplace Prof Blog have been similarly elected, let me know so I can post the good news. rb . . -
Befort on "Regarded As" as a Congressional Do-Over
Posted: March 24th, 2010, 8:33am EDT by laborprof lpb
Steve Befort (Minnesota) has just posted on SSRN his article (forthcoming Utah L. Rev.) Let's Try this Again: the ADA Amendments Act of 2008 Attempts to Reinvigorate the 'Regarded As' Prong of the Statutory Definition of Disability. Here's the abstract:... -
Tucker: Should Labour Law be Pro- or Anti-Competitive?
Posted: March 24th, 2010, 8:23am EDT by laborprof lpb
Eric Tucker (York - Osgoode Hall) has just posted on SSRN his article (forthcoming Industrial L.J.) Re-Norming Labour Law: Can We Escape Labour Law's Recurring Regulatory Dilemmas? Here's the abstract:Historically, protective labour law pushed back against capitalist labour markets by... -
FIU Symposium on the NLRB's 75th Anniversary
Posted: March 24th, 2010, 12:11am EDT by laborprof lpb
FIU's Symposium, "Whither the Board? The National Labor Relations Board at 75" is occurring this week, on March 26-27. Papers will appear in a special symposium issue of the FIU Law Review. According to the symposium's description: As the National... -
Reading the Tea Leaves of New Process Steel Oral Argument
Posted: March 23rd, 2010, 6:28pm EDT by laborprof lpb
Although I posted earlier today over at the ACSBlog my thoughts on the New Process Steel case that was argued today in the U.S. Supreme Court, now that the oral argument transcript has been distributed I have some additional thoughts... -
Two New Tax Benefits Aid Employers Who Hire and Retain Unemployed Workers
Posted: March 23rd, 2010, 3:26pm EDT by laborprof lpb
WASHINGTON — Two new tax benefits are now available to employers hiring workers who were previously unemployed or only working part time. These provisions are part of the Hiring Incentives to Restore Employment (HIRE) Act enacted into law today. via... -
Lynk Establishes Speakers' Series for Western
Posted: March 23rd, 2010, 8:29am EDT by laborprof lpb
Over at the University of Western Ontario, the Toronto labour law firm of Mathews Dinsdale & Clark LLP (founded in 1956 as Canada's first labour relations and employment law firm) has made a commitment of $60,000 over three years to... -
Avakian Amicus Brief
Posted: March 22nd, 2010, 7:26pm EDT by laborprof lpb
As most readers know, one of Paul Secunda's pet projects has been arguing for state anti-captive audience laws. He's now had an opportunity to act on that argument by filing an amicus brief on behalf of himself and four other... -
Supreme Court Grants Cert in Saint Gobain FLSA Case
Posted: March 22nd, 2010, 6:06pm EDT by laborprof lpb
Rather than reinvent the wheel on this one since so many have written about it already, I will just note here quickly that the United States Supreme Court granted cert today in Kasten v. Saint Gobain Performance Plastics, 09-834 (opinion... -
Retaliation and the Ministerial Exception to the ADA
Posted: March 22nd, 2010, 3:44pm EDT by laborprof lpb
Earlier this month, the Sixth Circuit issued an important opinion reversing a district court's grant of summary judgment that a retaliation claim brought by a teacher against a religious school could not be heard by the court under the ministerial... -
Recently Published Scholarship
Posted: March 22nd, 2010, 8:21am EDT by laborprof lpb
Jason R. Bent, Systemic Harassment, 77 Tenn. L. Rev. 151 (2010). Jeanette Cox, Crossroads and Signposts: The ADA Amendments Act of 2008, Indiana L.J. 187 (2010). Mark R. Bandsuch, The Troubles with Title VII and Trait Discrimination Plus One Simple... -
Three-Way Confusion
Posted: March 22nd, 2010, 6:52am EDT by laborprof lpb
Speeney v. Rutgers, a recent decision of the Third Circuit raises some interesting issues about law firm involvement in internal proceedings. The case started with sexual harassment complaints of three employees against a Rutgers professor. Rutgers retained Carpenter, Bennett &... -
Top-10 Labor & Employment Recent SSRN Downloads
Posted: March 20th, 2010, 1:55pm EDT by laborprof lpb
. . . Back by popular demand is our weekly top-10 list. John E. Core (left) & Wayne R. Guay (right), Is There a Case for Regulating Executive Pay in the Financial Services Industry? (184). Paul M. Secunda, Cultural Cognition... -
Newsweek Focuses on Age Discrimination in the Workplace
Posted: March 19th, 2010, 12:48pm EDT by laborprof lpb
Here. The thought is that since the Supreme Court's Gross decision last year making it more difficult for older employees to prove age discrimination, it has been even harder for older employees to be successful in such suits even as... -
Large British Airways Strike Looming Tomorrow
Posted: March 19th, 2010, 12:41pm EDT by laborprof lpb
John Campbell-Orde, a regular reader of the Workplace Prof Blog, writes us to let us know that there is a potentially enormous strike by Unite members against British Airways, one which may involve international cooperation from other unions, including possibly...