September 26, 2013 | Corporate Counsel
Newly confirmed labor board faces challenges as it seeks to extend union rightsThe summer started with the Supreme Court granting cert to an administration request for review of Noel Canning, the first of several appeals court decisions that effectively put the NLRB out of business by declaring the Presidents recess appointments of board members invalid. The high courts action put on hold,...
By Mary Swanton
21 minute read
August 29, 2013 | Corporate Counsel
The 2013 IC-10: Inside the legal profession's top innovatorsLight bulbs have gone on over the heads of many in-house counsel this past year, and InsideCounsel has tapped into the insights of 10 innovative legal teams.
By Julie Beck, Alanna Byrne, Cathleen Flahardy, Adele Nicholas, Mary Swanton, Zach Warren
32 minute read
August 29, 2013 | Corporate Counsel
Common plaintiff strategies for harassment and retaliation litigation ruled outIn Vance the court specifically rejected the EEOC's definition of supervisor as too vague, while in Nassar it rejected the EEOCs guidance on the motivating-factor test in retaliation cases.
By Mary Swanton
21 minute read
August 04, 2013 | Corporate Counsel
New psychiatric diagnostic categories could lead to spike in ADA claimsWhen the American Psychiatric Association (APA) released its new manual of psychiatric condition diagnoses in May, some employment lawyers sounded an alarm.
By Mary Swanton
5 minute read
June 30, 2013 | Corporate Counsel
DOL proposal could force choice between confidentiality and complianceA proposed rule pending in the Department of Labor (DOL) has the legal community in an uproar.
By Mary Swanton
20 minute read
June 18, 2013 | Inside Counsel
Cheat Sheet: A guide to the NLRB recess appointment controversyPresident Barack Obamas first term saw a spate of pro-labor rulings emerging from the National Labor Relations Board (NLRB), which included three Democratic members with links to unions.
By Alanna Byrne, Mary Swanton
19 minute read
May 21, 2013 | Corporate Counsel
Labor board in limboDuring the first Obama administration, the National Labor Relations Board (NLRB) became the major nemesis for union and nonunion employers alike.
By Mary Swanton
42 minute read
May 16, 2013 | Inside Counsel
Cheat Sheet: Managing the litigation risk of unpaid internsSummer is approaching, which means its nearly peak season for popsicles, sundresses and summer interns.
By Julie Beck, Mary Swanton
3 minute read
April 30, 2013 | Corporate Counsel
Externs who received credit can’t sue for wagesWhile the large class action unpaid intern wage and hour suits against Hearst Corp. and Fox Entertainment Group are still pending or have settled, the 11th Circuit recently sided with the employer-defendants in a case raising similar issues.
By Mary Swanton
2 minute read
April 30, 2013 | Corporate Counsel
Unpaid internships pose a litigation risk for employersAs summer approaches, corporations and non-profits around the country are preparing to welcome a new crop of interns.
By Mary Swanton
6 minute read
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