Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Lawyers!

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Litigation tactics can be FLSA retaliation? Wow.

Posted in Immigration, Lawyers!, Retaliation, Wage-Hour
Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last week. Are these judges crazy? You decide. In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit… Continue Reading

Light reading for your Fourth of July weekend

Posted in Constangy News, Discrimination, Drug Testing, FOCUS, Gender Identity Discrimination, Labor Relations, Lawyers!, Retaliation, Safety
Well, maybe not light reading, but good reading about good news that you won’t want to miss! Here are our bulletins and other publications from the last week, in case you missed them: *Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women’s leadership blog because our firm was named this week by the National… Continue Reading

North Carolina’s HB 2: The final analysis

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Lawyers!, Sexual Orientation
This will be my last “analysis” post on the wrongful discharge provisions of North Carolina’s HB 2. (I know you are heartbroken!) I’ll continue to post on breaking HB 2-related news as it develops. Several commenters disagreed with my contention that Charlotte’s human rights ordinance, which was amended to include LGBT rights and then nullified by… Continue Reading

No April foolin’ – third lawsuit challenging DOL Persuader Rule is filed

Posted in Labor Relations, Lawyers!
We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit. Here’s our… Continue Reading

Female lawyers, Republican bosses, and kitchens: The Sequel

Posted in Discrimination, Lawyers!
I have to admit, I was afraid that I might need to go into hiding after I expressed doubts last week about that study claiming that female lawyers don’t do well when their bosses are male Republicans. But the reader feedback has been positive, with the possible exception of an ambiguous comment on LinkedIn (more on that below): From Commenter Oaktown… Continue Reading

Female lawyer with Republican boss? Go back to the kitchen!

Posted in Corporate Culture, Discrimination, Lawyers!, Work-Life Balance
I don’t know what to make of the study, conducted by business professors from the University of Michigan and Temple University, that purports to find a negative correlation between political conservatism among some law firm partners and the advancement of the careers of female attorneys in reporting to those same partners. To put that in plainer English:… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

What’s your two cents? Employment law in the news

Posted in Discrimination, Lawyers!, Social media
I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let’s just call it “Last Week Today.” (Hey! I’m on vacation!) Feel free to debate and… Continue Reading

And a happy #$%!&;!*! new year to you, too!

Posted in Lawyers!
A heartwarming tale for the coming Rosh Hashanah holiday . . . In the course of arranging for an on-site inspection related to a worker injury lawsuit, Attorney Bailey (counsel for the defendant) wrote a letter to opposing counsel, Attorney Dinhofer, confirming that the on-site would take place on September 14. Attorney Bailey apparently mis-typed the date, which should… Continue Reading

Document review attorneys may not be exempt from OT, court says

Posted in Class actions, Lawyers!, Wage-Hour
Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday. Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually… Continue Reading

Women aren’t lead counsel as often as men – it’s gotta be bias!

Posted in Discrimination, Lawyers!
“I like it when the judge calls me ‘honey’ – that means he’s going to grant my motion.” — Quote from real female attorney I know, circa 1990. Does the court system discriminate against women lawyers? Could be!!!! Anyway, that’s what a couple of women litigators assume, based on their study showing that men were lead counsel in… Continue Reading