Employment

Blog Posts

  • SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPers v. ANZ Securities, Inc. June 28, 2017 We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times (here, here, here, and here), most recently following the Ninth Circuit's Resh decision last month (here and here).…
  • US DOL Reinstates Opinion Letters June 28, 2017 On June 27, 2017, U.S. Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (USDOL) will reinstate the issuance of opinion letters. You might be wondering why this decision is important to businesses. The answer is…
  • Expert HR Systems: A Guide for Counsel June 28, 2017 I am pleased to announce that my paper, tentatively titled "Countering Bias in Expert HR Systems: A Guide for In-House Counsel," has been accepted for publication in the International In-house Counsel Journal. The paper will present a very…
  • President Moves to Fill Empty Spot on NLRB June 28, 2017 Photo: President Donald J. Trump (WhiteHouse.gov)At the conclusion of the Obama presidency there remained two open seats on the National Labor Relations Board ("NLRB"). The five member panel operated with two Democrats and one Republican for a…
  • Canadian M&A market maintains strong position as global investment destination June 28, 2017 According to reported results from E&Y's recent Global Capital Confidence Barometer survey, Canada's mergers and acquisitions (M&A) market is expected to remain strong despite the current climate of geopolitical uncertainty, with 62% of…
  • Rule 2: Navigating the Maze June 28, 2017 Part of the "Quick Peek" Series, exploring the NEW edition of Stephen Kohn's Whistleblower's Handbook. Stephen M. Kohn, Executive Director of the National Whistleblower Center and author of the Whistleblower's Handbook, asserts that the history of…
  • How Will Federal Legal and Regulatory Changes Impact Connecticut Employers? June 28, 2017 For the last six years, you haven't seen much on this blog about changes to federal employment laws because, well, there just weren't any. What we DID see, however, were changes to regulations and enforcement orders. Nearly six months into the new…
  • Court Dismisses Class Action Claims Based on Afghanistan Labor Code June 28, 2017 United States lawsuits involving the law of Afghanistan are uncommon, but it is common for employees to bring suit based on work done abroad generally, and not just in that one country. A recent case, however, illustrates that while the United States…
  • Not lookin' good for DOL overtime regulation June 28, 2017 Sure, I could just wait two days to see what position the Department of Labor (DOL) actually takes. Instead, I'll read minds and predict the future. First, let's make sure everybody's caught up.Not official use.Last year, a new DOL…
  • Toughest Sheriff Goes on Trial for Contempt June 28, 2017 Sherrif Joe Arpaio, the self-styled "toughest" sheriff in the country, is going on trial. He had been warned not to detain immigrants just because they lacked legal status. The order came from U.S. District Judge Murray Snow after the deputies had…
  • More on why holding lawyers liable for retaliation to a client's employee is the worst idea June 28, 2017 Yesterday's post discussing Arias v. Raimondo as the worst employment-law decision of 2017 was way more controversial than I imagined. To me, it's a no-brainer. It's dangerous for courts to hold an employer's lawyer liable for retaliation against the…
  • Spoliation of evidence June 28, 2017 Spoliation of evidenceBurke v Queen of Heaven R.C. Elementary Sch., 2017 NY Slip Op 04593, Appellate Division, Fourth DepartmentKelly Burke commenced this action seeking damages for injuries that she sustained when she slipped and fell on stairs at a…
  • The public gets to beat the dead horse of the DOL overtime rules together, and other wage and hour news June 28, 2017 Want to weigh in on the U.S. Department of Labor's proposed overtime rules? Well, now you'll get that chance. Again. If this sounds familiar, it should. The DOL would love to hear from you (again) about those overtime rules. Yep, we're talking about…
  • Law and Theory of Human Action June 28, 2017 John Hyman, Action, Knowledge, & Will (Oxford Univ. Press, 2015). Dennis Patterson Every once in a while a book comes along that completely changes the way scholars think about their field. In the realm of what is referred to as "Action Theory,"…
  • Theresa May sets out her offer for the rights of EU citizens after Brexit June 28, 2017 Until the UK withdraws from the EU, EU law will continue to apply in the UK and so the rights of EU citizens and their family members to live and work in the UK remain unchanged. However, after Brexit, free movement rights will come to an end. On 26…
  • Alan H. Schorr to be Inducted into the College of Labor & Employment Lawyers June 27, 2017 We have just received notification that our managing partner, Alan H. Schorr, has been elected as a new Fellow of the prestigious College of Labor and Employment Lawyers and will be installed as such on November 11, 2017. This esteemed organization…
  • The Scope of Employment in California Lawsuits June 27, 2017 Anyone who has worked at any job has likely seen someone get injured on the job. Whether we are talking about an employee falling and injuring an ankle, or a factory worker who is in a fatal accident, accidents happen all the time. Not only do…
  • Happy 45th birthday, Title IX: You've changed a bit over the years June 27, 2017 LaLonnie wrote this post with Sandra Sok, who is clerking for the summer in our Denver Office. Sandra is a rising second-year student at the University of Colorado Law School. Before starting law school, she worked as a paralegal while earning her…
  • Department of Labor Moves To Rescind "Persuader Rule" with Notice of Proposed Rulemaking June 27, 2017 On June 12, 2017, the U.S. Department of Labor's ("DOL") Office of Labor-Management Standards published a notice of proposed rulemaking regarding its intention to rescind the so-called "persuader rule," moving the DOL one step closer to withdrawing…
  • Happy 150th Birthday Canada – Long Weekend Safety Tips Part 1 June 27, 2017 This July 1st marks the 150th birthday of Canada. As with any long-weekend, it is important to practice extra care on the roads, at cottages, on waterways, with fireworks, while camping, or wherever you are celebrating the long weekend. This is the…