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Damages

Backpay

• Supreme Court Limits Use of After-Acquired Evidence (January 1, 1995)

Front Pay

• High Court Excludes Front Pay from Title VII Damages Cap (June 11, 2001)

Punitive Damages

• Reliance on Advice of Counsel May Insulate Employers from Punitive Damage Liability in Discrimination Cases (June 26, 2000)
• Supreme Court Clarifies Standard for Obtaining Punitive Damages Under Title VII (June 28, 1999)
• New York Court Rejects Punitive Damages Under Human Rights Law (April 1, 1992)

Tax Issues

• Update: Court of Appeals for the District of Columbia Circuit Reverses Ruling On Taxability of Emotional Distress Damages (July 6, 2007)
• D.C. Court of Appeals to Review Ruling On Taxability of Emotional Distress Damages (January 24, 2007)
• Appellate Court Rules That Damages for Emotional Distress Are Not Taxable (August 25, 2006)
• Legislation Introduced To Limit Taxation Of Employment Discrimination Awards (May 25, 2001)

Employment Discrimination

Age Discrimination

• OWBPA Waivers May Not Require Nationwide Data (July 24, 2006)
• Supreme Court Rules That Disparate Impact Claims May Be Brought Under the Age Discrimination in Employment Act (April 5, 2005)
• Supreme Court Expected to Resolve Circuit Split on Whether Disparate Impact Age Discrimination Claims Are Permissible (September 10, 2004)
• Supreme Court Concludes that the ADEA Does Not Prohibit Reverse Age Discrimination (February 27, 2004)
• Appellate Court Upholds Age Discrimination Verdict Against Broadcaster Marketing to Young Consumers (June 30, 2003)
• California Supreme Court Rules that Age Discrimination in Employee Benefits Does Not Violate State Law (July 19, 2002)
• Supreme Court Sidesteps Disparate Impact Age Discrimination Case (April 3, 2002)
• Seventh Circuit Deems Failure to Train Managers .Extraordinary Mistake. (February 13, 2002)
• EEOC Issues Final Regulations on Waivers of Age Discrimination Claims (January 8, 2001)
• New California Statute Limits Use of Salary as Termination Criterion (October 27, 1999)
• Court Reverses Finding of Discrimination in Severance Packages (July 1, 1995)
• "Overqualified" is Not Necessarily A Proxy for Age Discrimination (July 1, 1995)

Based on Off-Duty Actions

• California Labor Code Amendment Protects Employee Off-Duty Conduct (December 30, 1999)
• New York Appellate Court Rejects Challenge to "No-Dating" Policy (January 1, 1995)
• New Law Protects New York Employees From Discrimination Based on Legal Off-Duty Conduct (October 1, 1992)

Burden of Proof

• Supreme Court Broadens Protections Against Retaliation (June 23, 2006)
• Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law (August 31, 2005)
• Supreme Court Expands Availability of "Mixed Motive" Defense to Employers Sued for Discrimination (June 17, 2003)
• Second Circuit Eases Burden of Proof of Discrimination Plaintiffs (June 13, 2000)
• Second Circuit Clarifies Employees' Prima Facie Burden in Failure to Promote Cases (April 25, 2000)

Class Actions

• Class Action Litigation of Employment Discrimination Claims in 2001 (December 31, 2001)

Disability Discrimination

• Second Circuit Limits Scope of Disability in "Interacting with Others" (October 26, 2004)
• The Status of the "Interactive Process" as a Mandatory Legal Obligation for Employers in New York (September 12, 2003)
• Second Circuit Clarifies ADA's Prohibition Against "Medical Inquiries" (July 2, 2003)
• Second Circuit Holds that ADA Requires Accommodation of an Impairment that Constitutes a "Disability," But Not Other Related Impairments (April 11, 2003)
• Supreme Court Agrees to Hear Refusal to Rehire Claim of Rehabilitated Substance User (March 3, 2003)
• California Court Emphasizes That State Law Disability Law Requirements Exceed Those Under Federal Law (February 24, 2003)
• Litigating Employment Disability Discrimination Claims Without the ADA: What the State and Local Laws Do that Federal Law Doesn't (September 23, 2002)
• Ninth Circuit Holds That Employers May Not Bar Former Employees From Re-Employment Because Of Past Drug Addiction (September 4, 2002)
• Supreme Court Upholds .Direct Threat to Self. Defense to ADA Claims (June 10, 2002)
• California Appeals Court Expands Reasonable Accommodation Requirement Beyond Qualified Individuals with a Disability (May 23, 2002)
• Supreme Court Rules that the ADA Does Not Trump Employers' Seniority Systems (April 29, 2002)
• Supreme Court Limits Application of the ADA (January 10, 2002)
• Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001 (December 31, 2001)
• Ninth Circuit Court of Appeals Narrowly Construes ADA's "Direct Threat" Defense (October 29, 2001)
• Employee’s Inability to Use A Computer Keyboard Not a "Disability" Under The Americans With Disabilities (August 15, 2001)
• Connecticut Adopts DSM Definition of Mental Disability (July 6, 2001)
• A Comparison of the Definition of "Disability" in the Americans With Disabilities Act, The New York State Human Rights Law, and The New York City Human Rights Law (July 1, 2001)
• EEOC Issues Guidance on the Application of the ADA to Contingent Workers (January 5, 2001)
• California Law Broadens Protections for Disabled Employees and Applicants (November 10, 2000)
• Second Circuit Holds That The ADA Does Not Require Employers to Provide Comparable Long Term Disability Benefits for Men (April 25, 2000)
• Second Circuit Requires Disabilities Act Plaintiff to Demonstrate the Existence of a Reasonable Accommodation (March 16, 2000)
• Whether an Individual is "Disabled" Under the ADA is to be Determined With Reference to the Severity of the Individual's Impairment in its Mitigated State, According to Supreme Court (June 28, 1999)
• Supreme Court Issues Ruling Favorable to Social Security Disability Applicants Who Sue Their Former Employers for Disability Discrimination Under the Americans With Disabilities Act (June 18, 1999)
• "Reasonable Accommodation" Under ADA Clarified by Second Circuit (January 1, 1996)
• Recent Developments Under the ADA (September 1, 1994)

General Employment Discrimination Issues

• OFCCP Issues New Rules on Tracking Internet Applicants (November 10, 2005)
• Federal Court in New York Emphasizes Importance of Non-Discrimination Policies and Training in Denying Employer's Motion for Summary Judgment (November 4, 2003)
• Federal Court Orders Trial on Validity of Depressed Employee's Release of Claims (August 4, 2003)
• Federal Appeals Court Holds That Primary Factor In Determining "Employee" Status of Worker Under Anti-Discrimination Laws Is Extent To Which Company Controls The Manner And Means Of Worker's Tasks (February 5, 2001)
• Second Circuit Concludes That At-Will Employees Can Sue for Race Discrimination Under 42 U.S.C. Section 1981 (July 7, 2000)

Individual Liability

• New California Law Permits Co-Workers to Sue One Another for Workplace Harassment (November 12, 2000)

Religious Discrimination

• Title VII Requires Employers to Accommodate Religious Practices, Not Preferences (August 15, 2001)

Retaliation

• Supreme Court Broadens Protections Against Retaliation (June 23, 2006)
• Second Circuit Rules that Defense of Discrimination Suit Constitutes Protected Activity Under Title VII (July 30, 2003)
• Second Circuit Rules Employee Protected from Retaliation for Investigating Harassment at Another Entity (May 24, 2001)
• Supreme Court Decision Provides More Support for Summary Judgment in Title VII Cases (May 1, 2001)
• Courts Remain Divided on Applicability of Title VII to Retaliation Claims by Former Employees (January 1, 1995)
• Employer Not Liable Under Title VII for Retaliation Against Former Employee (October 1, 1992)

Sex Discrimination

• California Supreme Court Rejects Friends Sexual Harassment Claim (May 1, 2006)
• District Court Limits Scope of Title VII Transsexual Sex Discrimination Claims (April 17, 2006)
• Ninth Circuit Holds that Casino's Rule Requiring Female Bartender to Wear Full Makeup Is Not Sex Discrimination (February 8, 2005)
• Eleventh Circuit Upholds Employer's Termination of a Probationary Employee for Pregnancy-Related Absences (July 24, 2000)

Sexual Harassment

• California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment (July 25, 2005)
• Second Circuit Eases Burden For Proving Hostile Work Environment Claim (November 8, 2004)
• New California Law Requires Sexual Harassment Training For Supervisors Every Two Years (October 14, 2004)
• Constructive Discharge as a Tangible Employment Action in Harassment Cases: The Supreme Court Speaks (June 25, 2004)
• Second Circuit Finds Declining Boss's Advances Does Not Constitute Actionable Sexual Harassment (April 18, 2004)
• California Supreme Court Recognizes Damages-Limiting Defense to Sexual Harassment Claims Under the Fair Employment and Housing Act (December 20, 2003)
• Second Circuit Adopts Expansive Definition of "Supervisor" Under Title VII (June 17, 2003)
• Second Circuit Rules that Sexual Harassment Plaintiffs who have Submitted to a Supervisor's Sexual Advances Establish Automatic Vicarious Liability (July 11, 2002)
• Infrequent Incidents of "Boorish" Behavior Insufficient to Create Hostile Environment, Second Circuit Rules (July 11, 2002)
• California Appellate Court Disallows Faragher/Ellerth Affirmative Defense (December 20, 2001)
• Second Circuit Rules Employee Cannot Recover for Harassment of Others (June 12, 2001)
• Second Circuit Dismisses Harassment Claim Based on Plaintiff's Failure to Invoke Employer's Policy (June 8, 2001)
• Ninth Circuit Applies Title VII Harassment Defense To Claims Under California Law (May 21, 2001)
• Supreme Court Decision Provides More Support for Summary Judgment in Title VII Cases (May 1, 2001)
• Electronic Bulletin Boards May Be Regarded as Part of the "Workplace" for Purposes of Harassment and Discrimination Laws (June 26, 2000)
• EEOC Issues Guidance on Vicarious Liability for Unlawful Harassment by Supervisors (June 24, 1999)
• Supreme Court Clarifies Standards for Employer Liability for Sexual Harassment by Supervisors (July 1, 1998)
• Sexual Harassment Within the Context of the National Labor Relations Act (May 1, 1998)
• Employees Have Protection for "Same-Sex" Harassment under Federal Law (April 1, 1998)
• Second Circuit Expands Employer Liability for Sexual Harassment (April 1, 1994)

State and Local Laws

• California Fair Employment and Housing Commission Issues Regulations on Mandatory Sexual Harassment Training (August 24, 2007)
• California Supreme Court Rejects Friends Sexual Harassment Claim (May 1, 2006)
• Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law (August 31, 2005)
• California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment (July 25, 2005)
• New California Law Requires Sexual Harassment Training For Supervisors Every Two Years (October 14, 2004)
• Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage (June 18, 2004)
• California Supreme Court Recognizes Damages-Limiting Defense to Sexual Harassment Claims Under the Fair Employment and Housing Act (December 20, 2003)
• California Appellate Court Considers Age Discrimination an Unfair Business Practice, Requires Disclosure of Verdict to Workforce (July 1, 2003)
• New York State Assembly Passes "Patriot Plan," Prohibiting Employment Discrimination on the Basis of Military Status (June 26, 2003)
• New York State Enacts Civil Rights Bill Prohibiting Discrimination Based On Sexual Orientation (January 2, 2003)
• New York State Human Rights Law Amended to Expand Employers' Obligations to Accommodate Employees' Religious Practices (November 22, 2002)
• New Connecticut Statute Bars Employers from Inquiring About, or Taking Adverse Action as a Result of, Sealed or Expunged Conviction Records (September 27, 2002)
• California Supreme Court Rules that Age Discrimination in Employee Benefits Does Not Violate State Law (July 19, 2002)
• California Appeals Court Expands Reasonable Accommodation Requirement Beyond Qualified Individuals with a Disability (May 23, 2002)
• California Employers That Elect To Conduct Background Checks On Employees And/Or Applicants Are Subject To Onerous New Requirements (March 21, 2002)
• New York City Enacts New Gender-Motivated Violence Act (December 31, 2001)
• Changes in California Labor and Employment Law to Take Effect on January 1, 2002 (December 31, 2001)
• California Appellate Court Disallows Faragher/Ellerth Affirmative Defense (December 20, 2001)
• Ninth Circuit Applies Title VII Harassment Defense To Claims Under California Law (May 21, 2001)
• Westchester County Adopts Human Rights Law (June 2, 2000)
• Height And Weight Are Now Protected Categories In San Francisco (May 12, 2000)

Supervisor Liability

• Second Circuit Adopts Expansive Definition of "Supervisor" Under Title VII (June 17, 2003)
• EEOC Issues Guidance on Vicarious Liability for Unlawful Harassment by Supervisors (June 24, 1999)
• Supreme Court Clarifies Standards for Employer Liability for Sexual Harassment by Supervisors (July 1, 1998)
• Individual Supervisor Liability Under Title VII (January 1, 1996)
• Second Circuit Expands Employer Liability for Sexual Harassment (April 1, 1994)

Employment Termination

Employee Misconduct

• Appellate Division Rejects Discrimination Claim Based on Discharge for Positive Drug Test (July 1, 1992)

Employment-At-Will

• New York Court of Appeals Reaffirms At-Will Employment Rule (February 25, 2008)
• California Supreme Court Affirms That “At-Will Employment” Means Terminable “Without Cause” (October 2, 2006)
• California Court Says At-Will Employees May Be Able to Sue for Breach of Implied Covenant of Good Faith and Fair Dealing (August 7, 2000)
• Second Circuit Concludes That At-Will Employees Can Sue for Race Discrimination Under 42 U.S.C. Section 1981 (July 7, 2000)
• Employment-At-Will Statements and Handbook Disclaimers Revisited (September 1, 1994)

Waivers and Releases

• Preventing Post-Employment Lawsuits: Releases That Do the Job (September 29, 1998)

WARN Act

• Fifth Circuit Court of Appeals Confirms That WARN Notification Obligations May Be Triggered by Employment Terminations Which Precede a Plant Closing (August 8, 2000)
• Applicability of WARN to Sale of Business (July 1, 1995)
• WARN Update: Ninth Circuit Requires Clear and Detailed Explanation of the Reasons for Failing to Provide 60 Days. Notice of a Plant Closing (September 1, 1994)
• WARN Developments: Second Circuit Holds Management Company Liable as WARN (October 1, 1992)
• WARN Developments: Employer Liable for $1.2 Million Despite Giving Notice Before Mass Layoffs (July 1, 1992)

Wrongful Discharge

• California Supreme Court Rules That Employers Have No Duty to Accommodate Medical Marijuana Use (February 13, 2008)
• California Supreme Court Limits Public Policy Wrongful Discharge Claims (April 1, 1992)

General Employment Issues

Arbitration

• California Court of Appeal Decision Demonstrates How Not to Draft an Arbitration Agreement (April 28, 2004)
• Ninth Circuit Formally Disavows Duffield Decision, Joins Rest of Country in Permitting Pre-Dispute Arbitration of Title VII Claims (October 14, 2003)
• Ninth Circuit Court of Appeals Remains Resistant to Arbitrating Employment Disputes (May 15, 2003)
• Proposed California Legislation Would Restrict Arbitration of Employment-Related Disputes (June 27, 2002)
• Supreme Court Permits EEOC to Sue Even When Employee Agreed to Arbitrate (January 16, 2002)
• Staying Out of Court: Mandatory Arbitration of Employment Claims (December 31, 2001)
• Proposed Federal Legislation Would Prohibit Arbitration Clauses Covering Statutory Employment Claims (April 17, 2001)
• Supreme Court Determines That The Federal Arbitration Act Applies To Employment Disputes (March 22, 2001)
• California Supreme Court Provides Guidance on Mandatory Employment Arbitration Agreements (August 29, 2000)
• Second Circuit Refuses to Compel Employee to Arbitrate Statutory Claim (July 26, 2000)
• Negotiating Gilmer Agreements in the Union Sector (May 18, 2000)
• California Appellate Court Refuses To Enforce Employer's Arbitration Policy (December 28, 1999)
• Mandatory Arbitration of Employment Discrimination Disputes Gaining Approval (April 1, 1994)
• Clause Requiring Arbitration of Title VII Claim Upheld by Ninth Circuit (April 1, 1992)

Contract Renewal

• Employer Alert: Implied Renewal of Expired Employment Agreement (July 1, 1995)

Corporate Reorganizations and Restructurings

• Familiar Topics in Unfamiliar Times: Legal Issues Faced By Employers in the Wake of the Terrorist Attacks (December 31, 2001)
• Navigating the Treacherous Waters of Corporate Reorganization (December 31, 2001)

Employee Benefits

• Veterans Benefits Improvement Act of 2004 Calls For New Posting Requirement, Option for Extended Insurance Benefits (December 14, 2004)
• Department of Labor Issues New COBRA Regulations (June 18, 2004)
• Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage (June 18, 2004)
• Publicly-Held Companies Are Prohibited From Making Loans To Corporate Officers And Directors, According To The Sarbanes-Oxley Act Of 2002 (August 26, 2002)
• California Expands Rights of Domestic Partners (November 29, 2001)
• Ninth Circuit Rules ERISA Plans Obligated to Notify Participants, When Asked, of Potential Amendments Under "Serious Consideration" (August 25, 2000)

Family and Medical Leave Act

• FMLA Amendments Expand Availability of Leave to Care for Service Members (February 6, 2008)
• Federal Appeals Court Bars Waiver of FMLA Rights (July 16, 2007)
• Successor Liability Under The Family And Medical Leave Act (August 21, 2006)
• California Adopts Nation's First Paid Family Leave Law (September 27, 2002)
• Supreme Court Confirms That Employees Are Not Entitled To More Than 12 Weeks of Leave Under The FMLA (March 19, 2002)
• Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001 (December 31, 2001)
• Second Circuit Refuses to Enforce Department of Labor Regulation Which Effectively Broadens Class Of Employees Eligible for FMLA Leave (November 15, 2001)
• Ninth Circuit Establishes Employer’s Notice Obligations Under the FMLA (October 15, 2001)
• Employer's Failure to Designate Short-Term Disability Leave as FMLA Leave Does Not Entitle Employee to Additional Time Off (September 14, 2001)
• Exempt Employee Paid At An Hourly Rate While Working A Reduced Schedule For FMLA-Qualifying Reasons Not Eligible For Overtime Pay (May 1, 2001)
• Federal Appeals Court Strikes Down Family Medical Leave Regulation (September 6, 2000)
• California Establishes "Kin Care" Leave (March 15, 2000)
• The Family and Medical Leave Act (February 1, 1993)

Immigration Laws

• Employers Must Now Use Newly Revised I-9 Forms (January 29, 2008)
• New Procedures for Employers Who Receive a No-Match Letter Are on Hold (October 18, 2007)
• Homeland Security Department Revises I-9 Recordkeeping Requirements (June 22, 2006)
• New Legislation Permits Employers to Prepare and Retain I-9 Forms Electronically (November 5, 2004)
• INS Launches Premium Processing Service For Work Visa Applications (June 11, 2001)

Independent Contractors

• New California Law Requires Employers to Report Independent Contractors (December 26, 2000)

Negligent Hiring

• New York Court Limits Negligent Hiring Claims (September 1, 1994)

Occupational Safety and Health

• Bush Administration Revokes Occupational Safety and Health Administration.s Ergonomic Rules (April 17, 2001)
• Revisions to Occupational Safety and Health Administration Injury/Illness Recordkeeping System (March 15, 2001)
• OSHA Issues Final Ergonomics Rule (November 22, 2000)

Privacy

• Ninth Circuit Recognizes Employee Privacy Right in Workplace Computer but Rules that the Employer Validly Consented to Government Search (February 12, 2007)
• FTC Issues Revised Summary of Rights Under the Fair Credit Reporting Act and New Rule on Disposal of Consumer Information (February 22, 2005)
• Fair Credit Reporting Act Amendments Signed by President Bush (December 10, 2003)
• Congress Amends Fair Credit Reporting Act to Exclude Investigations of Employee Wrongdoing and to Further Restrict Receipt of Medical Information (December 1, 2003)
• California Employers Face New Restrictions on the Use of Social Security Numbers (May 5, 2002)
• Electronic Workplace Privacy Law Introduced in Congress (August 3, 2000)
• Second Circuit Holds that Telephone Monitoring in the Employer's "Ordinary Course of Business" Does Not Violate Federal Wiretapping Laws (February 1, 2000)

Proprietary Information

• New Jersey Supreme Court Decision Restricts Employees' Use of Employer's Customer List To Set Up Competing Business (June 5, 2001)

Restrictive Covenants

• New York Employers Cannot Rely on "Inevitable Disclosure" Doctrine To Protect Confidential Information (January 10, 2003)
• Voluntary Quit or Involuntary Discharge? Second Circuit Rules That Jury Must Decide, and Validity of Non-Compete Hangs in the Balance (November 15, 2002)
• California Public Policy Prohibits Termination Based on an Employee.s Refusal to Sign a Non-Compete Agreement (January 8, 2001)
• Stock Option Forfeiture Based On Work For A Competitor Sustained By Ninth Circuit (April 21, 2000)
• Termination for Refusal to Sign Non-Compete Leads to Million Dollar Verdict (January 12, 2000)

Separation Agreements

• Federal Court Orders Trial on Validity of Depressed Employee's Release of Claims (August 4, 2003)

Settlement

• Federal Court Declines To Recognize A Privilege For Non-Disclosure Of Settlement Discussions In Subsequent, Collateral Litigation (July 28, 2006)

State and Local Laws

• 2008 California Employment Law Round-up (January 22, 2008)
• Effective January 1, 2008, California Employers Are Required To Provide Notice Of The Income Tax Credit Notification (January 17, 2008)
• California Statute Gives Qualified Military Spouses 10 Days of Unpaid Leave – Effective Immediately (October 18, 2007)
• New Trend in Employee Benefits?: San Francisco Mandates That Employers Provide Paid Sick Leave to Employees (December 4, 2006)
• In Many States Employers Must Give Their Employees Time Off to Vote in the Upcoming Election (November 1, 2006)
• A Look Ahead: New California Employment Laws for 2006 (November 29, 2005)
• California Court Permits Class Action against Employer that Considers Workers' Compensation Expenses and Cash and Inventory Shortages in Calculating Bonuses (January 2, 2005)
• California's Division of Labor Standards and Enforcement Proposes Regulations Regarding Meal Periods In the Workplace (December 22, 2004)
• Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage (June 18, 2004)
• New California Employment Laws for 2004 (March 23, 2004)
• New California Legislation Increases Penalties for Labor Code Violations and Steps Up Enforcement with Private Lawsuits (October 20, 2003)
• California Adopts Nation's First Paid Family Leave Law (September 27, 2002)
• California Employers Face New Restrictions on the Use of Social Security Numbers (May 5, 2002)

U.S. Supreme Court - Key Employment Law Decisions

• Supreme Court Stands Firm on 180-Day Statute of Limitations for Title VII Claims (June 1, 2007)
• Supreme Court 2000-2001 Year In Review (December 31, 2001)

Veterans

• United States Department of Labor Releases New Mandatory Poster Concerning Reinstatement of Military Service Members (March 11, 2005)

Whistleblower

• New York Appellate Courts Rule on "Whistleblower" Law (July 1, 1995)

Wrongful Demotion

• California Supreme Court Recognizes New Cause of Action for Wrongful Demotion (January 1, 1996)

Labor Relations

Arbitration

• Second Circuit Refuses to Compel Employee to Arbitrate Statutory Claim (July 26, 2000)
• Negotiating Gilmer Agreements in the Union Sector (May 18, 2000)
• Supreme Court Rules on Union Waivers of Civil Rights Claims in Collective Bargaining Agreements (December 2, 1998)
• Employers May Be Required to Arbitrate Disputes Under an (July 1, 1992)

Collective Bargaining

• NLRB Continues Its Clear and Unmistakable Waiver Standard for Duty to Bargain Cases (October 5, 2007)
• NLRB Reiterates that an Employer's Implementation of Proposal to Apply "Marketplace Pay" is Unlawful (October 11, 2003)

Concerted Activity

• Court of Appeals Affirms NLRB Ruling That Overbroad Confidentiality Requirement Is An Unfair Labor Practice (March 28, 2007)
• Employees’ Distribution of Maliciously False Letter Found Unprotected by the NLRA (August 18, 2006)
• What Union-Free Employers Need to Know About the National Labor Relations Act (July 30, 2006)
• OFCCP Posts FAQ on "Internet Applicant" Rule (January 19, 2006)
• Discharge of Financial Consultant In Retaliation For Concerted Protest Of Compensation Practices Violates NLRA (January 18, 2006)
• NLRB Reverses Course Again: Weingarten Rights Do Not Extend to Non-Union Workplaces (June 18, 2004)
• Abusive Employee Retains NLRA Rights (June 12, 2003)
• NLRB Extends Weingarten Rights to Non-Union Employees (November 5, 2001)
• Second Circuit Affirms NLRB Ruling That Discipline Based on Employee Objections to Policy Changes Was Unlawful (September 15, 2001)
• Sexual Harassment Within the Context of the National Labor Relations Act (May 1, 1998)
• Ninth Circuit Revisits "Protected Concerted Activity" Under NLRA (July 1, 1995)

Decertification

• NLRB Overturns Successor Bar Rule (July 28, 2002)
• NLRB Adopts New Standard Under Which Employers May Unilaterally Withdraw Recognition From Incumbent Union (April 5, 2001)

Employee Participation

• NLRB Rejects Challenge to Joint Labor-Management Committee (August 15, 2001)
• NLRB Invalidates Employee Participation Programs: GOP Responds with Teamwork for Employees and Managers Act (January 1, 1996)

National Labor Relations Act - In General

• California Appeals Court Finds Wrongful Discharge Claim Preempted by the NLRA (March 10, 2008)
• Second Circuit Remands Case on Preemption of New York Labor Neutrality Law (December 12, 2006)
• Ninth Circuit Court of Appeals Upholds California Labor Neutrality Law (October 11, 2006)
• Judge Rules New York Labor Neutrality Law Preempted by NLRA (May 23, 2005)
• Ninth Circuit Finds California "Labor Neutrality" Law Preempted by Federal Labor Law (April 25, 2004)
• NLRB Sustains Employer's Pre-Election Solicitation of Grievances Consistent With Prior Practice (September 8, 2003)
• New York Labor Neutrality Law Enacted (October 7, 2002)
• NLRB Overturns Successor Bar Rule (July 28, 2002)
• Bill Prohibiting Employers From Using State Funds To Oppose Union Organizing Passes New York State Assembly and Senate (July 23, 2002)
• Supreme Court Rules that Reasonably Based, Unsuccessful Suit Brought for Retaliatory Purpose is not an Unfair Labor Practice (July 11, 2002)
• Who's Who at the National Labor Relations Board (December 31, 2001)
• Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001 (December 31, 2001)
• Changing Course and Pressing the Outer Limits: Key NLRB Decisions in 2001 (December 31, 2001)

Right to Refrain from Joining Union

• Federal Judge Invalidates Executive Order Requiring Beck Notice (January 29, 2002)
• Supreme Court Clarifies Legality of Union Security Clause Requiring "Union Membership" (December 2, 1998)
• Union Security Clause Facially Invalid (September 22, 1997)
• Federal Contractors Ordered to Post Notice of Beck Rights (April 1, 1992)

State and Local Law

• Ninth Circuit Court of Appeals Upholds California Labor Neutrality Law (October 11, 2006)
• Judge Rules New York Labor Neutrality Law Preempted by NLRA (May 23, 2005)
• New York Labor Neutrality Law Enacted (October 7, 2002)
• Bill Prohibiting Employers From Using State Funds To Oppose Union Organizing Passes New York State Assembly and Senate (July 23, 2002)

Strikes

• NLRB Rules that Pre-Strike Threat to Replace Workers Violates the NLRA (January 1, 1995)

Subcontracting

• Failure to Bargain Over Subcontracting Violates NLRA (July 1, 1992)

Supervisors

• Eighth Circuit Overturns NLRB Ruling On Supervisory Status of Television News Producers (September 23, 2002)
• Eighth Circuit Finds that News Producers and Assignment Editors Are Not Supervisors under the National Labor Relations Act (November 29, 2001)
• Court Affirms Unfair Labor Practice Finding Based On Anti-Union Retaliation Against Supervisor (July 5, 2001)
• Supreme Court Overturns NLRB Standard On Supervisory Status (June 1, 2001)

Union Access to Property

• Employer Did Not Commit Unfair Labor Practice By Barring Unions From Soliciting On Its Premises While Permitting Solicitation By Certain Charitable Organizations (October 8, 2002)
• NLRB General Counsel Issues New "Three Strike" Rule On Discriminatory Enforcement Of No Solicitation Rules (October 15, 2001)
• Supreme Court Limits Union Access to Employer Property (April 1, 1992)

Union Solicitation

• NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail (January 6, 2008)
• NLRB Limits Employer Right to Discipline for Violation of No-Solicitation Rule (October 11, 2003)
• Employer Did Not Commit Unfair Labor Practice By Barring Unions From Soliciting On Its Premises While Permitting Solicitation By Certain Charitable Organizations (October 8, 2002)
• NLRB General Counsel Issues New "Three Strike" Rule On Discriminatory Enforcement Of No Solicitation Rules (October 15, 2001)
• Union Solicitation Rights--Bulletin Boards (July 1, 1995)

Units for Bargaining

• Fourth Circuit Rules Web Site Employees Cannot Accrete to Unit of Other Newspaper Employees (August 15, 2001)

Wage & Hour Issues

Minimum Wage

• Federal Minimum Wage to Increase to $5.85 Per Hour (May 31, 2007)

Overtime

• DOL Says Information Technology Staff May Be Essential, but Not Necessarily Exempt From Overtime (November 27, 2006)
• Supreme Court Rules on Compensable Time under FLSA (November 13, 2005)
• California Supreme Court Rules That Corporate Officers and Directors Cannot Be Personally Liable For Wage Claims Under State Law (September 1, 2005)
• Department of Labor Proposes To Strengthen Overtime Protections Under the Fair Labor Standards Act (April 24, 2003)
• Changes in California Labor and Employment Law to Take Effect on January 1, 2002 (December 31, 2001)
• Exempt Employee Paid At An Hourly Rate While Working A Reduced Schedule For FMLA-Qualifying Reasons Not Eligible For Overtime Pay (May 1, 2001)
• Employers Who Take Deductions From Salaried Employees' Pay May Be Liable for Overtime Compensation, According to Second Circuit (October 31, 2000)
• New California Law Exempts Some Highly-Paid Software Professionals From Receiving Overtime (October 13, 2000)
• California Restores Daily Overtime Requirements (August 10, 1999)
• Employees Not Eligible for Overtime Pay for On-Call Hours (October 1, 1992)

State and Local Laws

• California Minimum Wage Increases in 2008 (January 3, 2008)
• California Supreme Court Expands Employer Liability for Missed Meal and Rest Periods (April 20, 2007)
• KM&M Client Prevails in Case with Important and Favorable Implications for Hospitality Industries (March 26, 2007)
• New York Minimum Wage to Increase (December 7, 2005)
• California Supreme Court Rules That Corporate Officers and Directors Cannot Be Personally Liable For Wage Claims Under State Law (September 1, 2005)
• California Reforms Labor Code Private Attorneys General Act of 2004; Revised Law Is More Employer-Friendly (August 14, 2004)

Wages

• Supreme Court Rules on Compensable Time under FLSA (November 13, 2005)
• California Court Permits Class Action against Employer that Considers Workers' Compensation Expenses and Cash and Inventory Shortages in Calculating Bonuses (January 2, 2005)
• San Francisco Enacts Municipal Minimum Wage Ordinance (November 10, 2003)
• New California Legislation Increases Penalties for Labor Code Violations and Steps Up Enforcement with Private Lawsuits (October 20, 2003)
• Wage & Hour Update: A Resurgence in Litigation Over Employees. Exempt/Non-Exempt Status Under the FLSA (December 31, 2001)
• Discretionary Bonuses Based in Part on Employer's Performance Do Not Fall Within the Definition of "Wages" Protected by New York's Wage Payment Statute (October 25, 2000)
• New York Passes Unpaid Wages Prohibition Act (September 21, 1997)

Year In Review

Year In Review 2003

• NLRB and Federal Courts Clash Over Merit Pay and Flexible Benefit Proposals (December 31, 2003)
• Employment Class Action Litigation in California Makes New Law Tackling Old Issues (December 31, 2003)
• U.S. Supreme Court Reins in the Runaway Jury: Punitive Damages in Employment Cases After State Farm v. Campbell (December 31, 2003)
• Sexual Orientation Discrimination Issues Take Center Stage (December 31, 2003)
• Some Questions Resolved, Others Remain: Mandatory Employment Arbitration in California (December 31, 2003)
• Harassment Policies and Training: A Critical Line of Defense to Harassment Claims (December 31, 2003)
• Beware of Varying State Laws Governing Deductions from Wages (December 31, 2003)
• Reasonable Accommodation and the "Interactive Process" for New York Employers (December 31, 2003)
• Opening the Floodgates: The Validity of Reverse Age Discrimination Claims (December 31, 2003)

Year In Review 2002

• The Workplace Law Landscape After Enron (December 31, 2002)
• U.S. Supreme Court's 2002 Docket Emphasized Workplace Legal Issues (December 31, 2002)
• Certain Severance Payments Held Not to Constitute "Wages" for Purposes of FICA (December 31, 2002)
• Employers Await NLRB Decisions on the Permissible Scope of E-Mail Policies (December 31, 2002)
• Employers Beware: The Deadline to Comply with HIPAA'S Complex Privacy Regulations is Fast Approaching (December 31, 2002)
• New York Labor Law Amended to Prohibit Use of State Funds to "Encourage or Discourage" Union Organizing (December 31, 2002)
• Equal Employment Opportunity Commission Provides Further Guidance on Prohibited National Origin Discrimination (December 31, 2002)
• New Faces Join the NLRB: The Bush Board (December 31, 2002)
• Employers Conducting Background Checks on Applicants and Employees Must Adhere to Complex Federal and State Laws (December 31, 2002)
• New California Labor and Employment Laws for 2003 (December 31, 2002)
• Retaliation Claims on the Rise: What is an Adverse Employment Action? (December 31, 2002)
• The Evolution of Arbitration in Employment Agreements (December 31, 2002)

Year In Review 2001

• New York City Enacts New Gender-Motivated Violence Act (December 31, 2001)
• Class Action Litigation of Employment Discrimination Claims in 2001 (December 31, 2001)
• Familiar Topics in Unfamiliar Times: Legal Issues Faced By Employers in the Wake of the Terrorist Attacks (December 31, 2001)
• Supreme Court 2000-2001 Year In Review (December 31, 2001)
• Staying Out of Court: Mandatory Arbitration of Employment Claims (December 31, 2001)
• Who's Who at the National Labor Relations Board (December 31, 2001)
• Wage & Hour Update: A Resurgence in Litigation Over Employees. Exempt/Non-Exempt Status Under the FLSA (December 31, 2001)
• Navigating the Treacherous Waters of Corporate Reorganization (December 31, 2001)
• Changes in California Labor and Employment Law to Take Effect on January 1, 2002 (December 31, 2001)
• Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001 (December 31, 2001)
• Changing Course and Pressing the Outer Limits: Key NLRB Decisions in 2001 (December 31, 2001)

Year In Review 2000

• Summary Judgment in Discrimination Cases in the Wake of the Supreme Court's Decision in Reeves v. Sanderson Plumbing Products (December 31, 2000)
• Whether Their Stock is Skyrocketing or Plummeting, High-Tech Companies Can Ill Afford to Ignore Employment Law Issues (December 31, 2000)
• Litigation Over Alleged Improper Competition on the Rise: Steps Companies Can Take to Minimize Their Exposure (December 31, 2000)
• Blockbuster Settlements of 2000 (December 31, 2000)
• The Family and Medical Leave Act Meets the New Millennium (December 31, 2000)
• The NLRB in 2000: Old Rules and the New Economy (December 31, 2000)
• The Americans with Disabilities Act, a Decade Later (December 31, 2000)
• Affirmative Action Update: New Mandates for Federal Contractors and Subcontractors Take Effect (December 31, 2000)
• Vizcaino v. Microsoft Corp.: The Exception Which Proves the Rule that Employers May Exclude Temps and Freelancers from Benefit Plans, But Only If They Do It Right (December 31, 2000)
• Significant Changes in California Wage and Hour Laws (December 31, 2000)

Year In Review 1999

• Confidentiality and Non-Disclosure Rules Challenged Under the National Labor Relations Act (December 31, 1999)
• Union Solicitation Via Electronic Mail (December 31, 1999)
• Converting from Traditional Pension Plans to Cash Balance Plans Can Create Fertile Ground for Age Discrimination Claims (December 31, 1999)
• Recent Developments in Class Action Litigation of Federal Discrimination Claims (December 31, 1999)
• Application of the Ellerth/Faragher Affirmative Defense in Harassment Cases in the Second and Ninth Circuits (December 31, 1999)
• Individual Liability for Employment Discrimination in New York and California (December 31, 1999)
• What Damages Cap? Significant Jury Awards in Employment Cases in 1999 (December 31, 1999)
• What's New With The Family and Medical Leave Act? (December 31, 1999)