The Legal Intelligencer | Commentary
By Debra S. Friedman | December 12, 2017
Not surprisingly, employment law developments at the federal level in 2017 reflect policy changes that often come with new administrations. These changes largely can be characterized by what has been undone, halted or muddled in some way.
New York Law Journal | Analysis
By Stephen Bergstein | December 12, 2017
The U.S. Court of Appeals for the Second Circuit has agreed to decide whether its 2015 decision requiring that federal judges approve settlements under the Fair Labor Standards Act applies to settlements reached under Fed. R. Civ. P. 68.
By Erin Mulvaney | December 12, 2017
A first step from federal labor regulators to unravel an Obama-era rule that sped up the power of employees to form unions was derided by a Democratic member of the National Labor Relations Board as a “notice and request for alternative facts.”
Daily Business Review | Commentary
By Joshua T. Higgins | December 11, 2017
When the Castellanos v. Next Door Company case from the Florida Supreme Court came down in April 2016, striking down caps on fees for attorneys who represent injured workers, uncertainty abounded.
By Marcia Coyle | December 11, 2017
The U.S. Supreme Court on Monday refused to decide whether the nation's workplace anti-bias law bars sexual orientation discrimination. The justices may soon have another opportunity to take up the closely watched question. The full U.S. Court of Appeals for the Second Circuit heard arguments Sept. 26.
By Colby Hamilton | December 8, 2017
The panel said the district court applied its seven-part test correctly, even though not all the factors weighed in favor of the employer defendant, Hearst.
The Legal Intelligencer | Commentary
By Angela D. Giampolo | December 8, 2017
It's been over three years since Kevin Harrigan, Philip Williams and Kathryn Knott bashed a gay couple, Andrew Haught and Zachary Hesse, in Center City Philadelphia on Sept. 11, 2014. At the time, there was outrage that such an attack could occur in Philadelphia, a place where LGBTQ people are supposed to feel safe in a city considered the most LGBTQ-friendly in the country by the Human Rights Campaign.
Daily Business Review | Commentary
By Fabiana Cohen | December 8, 2017
In a federal lawsuit filed in November, advocacy groups contend that the Trump administration illegally halted pay data collection intended to address the growing disparities in the wage gap. The National Women's Law Center and the Labor Council for Latin American Advancement sued the Office of Management and Budget and the U.S. Equal Employment Opportunity Commission, among others, for their decision to block an Obama-era measure that would have required companies with 100 or more workers to report earnings data for employees by sex, race, ethnicity and job category.
By Marcia Coyle | December 7, 2017
By reversing the federal government's long-held position that "fair share" fees paid to public employee unions by nonmembers are lawful, the U.S. Justice Department sent an early holiday present to Justice Samuel Alito Jr., who has led recent attacks on the constitutionality of the fees. But maybe, in a long shot for unions, the late Justice Antonin Scalia will have the final word.
The Legal Intelligencer | Commentary
By Maureen "Morty" Cassidy | December 7, 2017
In September 2013, the WCAIS (workers' compensation automation and integration system) went live in Pennsylvania implementing EDI (electronic data interchange) transactions between companies and the commonwealth. The idea was to permit the exchange of large volumes of accident and injury information from companies to the state in an expedited and more efficient form than on paper.
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