From the category archives:

Labor and Employment Law

TweetA federal appeals court has recently revived a lawsuit filed by a woman who claims that her employer discriminated against her because of her disabilities. What makes this case newsworthy you’re probably wondering? (Hint-look at the logo to the left of this article.) Yes you guessed right. Her employer is none other than the Equal Employment Opportunity Commission […]

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TweetWhile the country is focused on the U.S. Supreme Court decision on Arizona’s controversial immigration law, an illegal immigrant in California is fighting to get his law license. Sergio Garcia has a law degree and has passed the California bar exam; however, he is not a U.S. citizen. This case highlights the legal challenges faced […]

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TweetRecently, the Court of Appeals issued a controversial decision in which it held that an at-will employee cannot sustain a claim for wrongful termination.  The Court based its decision on the controlling case Murphy v. American Home Products Corp., 58 N.Y.2d 293 (1983) which held that absent a violation of a constitutional requirement, statute or […]

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TweetYour friendly neighborhood Starbucks barista might be looking a tad different thanks to a recent Second Circuit appeals court decision entitled National Labor Relations Board (“NLRB”) v. Starbucks Corp., Docket Nos. 10-3511-ag, 10-3783-ag(XAP) (2d Cir. 2012). In that decision, the court reinstated Starbucks’ right to limit its baristas to wearing one union button. The case arose out […]

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Tweet“One text or call could wreck it all” is the message of this April’s “National Distracted Driving Month,” sponsored by the U. S. Department of Transportation.  This slogan does not just apply to texting-obsessed teen drivers.  There are serious business risks to distracted driving. In 2009, 5,474 people were killed in crashes involving driver distraction, […]

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TweetIn the present economy where law firms and legal departments are under increasing pressure to lower costs, the classification of full time employees as exempt to avoid overtime pay can become problematic. Law firm paralegals have recently gained class action status in two Fair Labor Standards Act (FLSA) cases in Texas, claiming they were improperly […]

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Tweet The U. S. Supreme Court recently heard arguments in the case Filarsky v. Delia (appealed from 9th Cir. 9/9/10) involving a private employment attorney, Steve Filarsky, retained by the City of Rialto to conduct an internal affairs investigation. Filarsky caused the City to order respondent firefighter Delia to consent to a warrantless search of […]

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TweetEmployers are now on notice from the NLRB that requiring employees covered under the National Labor Relations Act to waive class actions regarding wages, hours or working conditions is likely to be a violation of the Act. In D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 (357 NLRB No. 184, January 3, 2012)  the […]

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TweetThe New York State Appellate Division, First Department recently ruled that an attorney’s mental illness does not protect him from the consequences of workplace misconduct, overturning a decision ordering a law firm to pay over $500,000 to a former partner who misused a company credit card and tried to pass on personal expenses to the firm’s clients. The Court found no evidence […]

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