» employment law

01
May
2019

Slim Supreme Court majority again uses arbitration clauses to thwart robust enforcement of workplace rights

Five Justices of the Supreme Court reversed both the District Court and the Court of Appeals in Lamps Plus, Inc. v. Varela to rule that the right to pursue class action claims through arbitration must be clear.  In Lamps Plus, an employee (Mr. Frank… Read More
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09
April
2019

Trump’s DOL and NLRB continue to pursue policies that evidently favor corporations over people

For starters, a little context is in order.  During the Obama Administration, both the United States Department of Labor (“DOL”) and the National Labor Relations Board (“NLRB”) reinforced the legal standard for proving that two supposedly se… Read More
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01
February
2019

A United States Supreme Court victory for employees?

Contrary to the trend, the United States Supreme Court recently ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not make mandatory arbitration agreements in the trucking industry enforceable.  In that case, New Pri… Read More
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01
January
2019

Another contrived government shutdown compromises enforcement of workplace protections

After making a number of threats over the past year, the Trump Administration recently imposed a Federal government shutdown with no end in sight.  The Trump Administration has forced the shutdown in an effort to extract money for the construction a… Read More
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17
December
2018

Predictions for 2019 . . . the certainty of uncertainty

The seemingly ongoing and escalating controversies at the Federal level make the legal environment somewhat unpredictable.  If current trends persist, however, the Trump Administration will continue to attempt to limit workplace protections and rela… Read More
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11
October
2018

The legitimacy of the Supreme Court in question?

The Republican-controlled Congress recently voted to confirm the nomination of Judge Brett Kavanaugh by President Donald Trump to serve on the United States Supreme Court.  Congress voted to confirm Judge Kavanaugh by one of the narrowest margins in… Read More
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06
August
2018

Putting employer non-compete agreements in their place

Much like the hastily drafted and adopted tax “reform” law championed by the Trump Administration, non-compete agreements generally reflect and worsen the disparity of leverage and resources between employers and employees.  Simply put, employer… Read More
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01
June
2018

The Supreme Court and Congress act in the same week to undercut the rule of law

In Epic Systems Corp. v. Lewis, the United States Supreme Court recently declared that employees can be forced to give up their rights to participate in class actions or collective actions when they face wage theft, retaliation, discrimination, haras… Read More
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01
May
2018

Politicized Supreme Court, by a slim majority, again sides with corporations

By a 5-4 margin, the United States Supreme Court opted to deviate from over 70 years of clearly established legal precedent to make it more difficult to hold employers accountable for wage theft. In that case, Encino Motocars, LLC v. Navarro, the 5-p… Read More
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09
August
2017

Minnesota Supreme Court upholds legislative fix of whistleblower law

In the wake of several recent pro-plaintiff rulings in employment law or civil rights cases, the Minnesota Supreme Court has just ruled in a unanimous decision authored by the Chief Justice that a “good faith” report by a whistleblower means any… Read More
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