» employment law
Trump administration continues to eliminate work protections – but advocates for workplace fairness fight back
March 16th, 2020
The National Labor Relations Board (“NLRB”) once again and recently changed its standard to favor employers over employees. Specifically, the NLRB adopted a new rule to make it more difficult to prove that affiliated companies share culpability f…
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Categories: Blog
Slim Supreme Court majority again uses arbitration clauses to thwart robust enforcement of workplace rights
May 1st, 2019
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 V…
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Categories: Blog
Trump’s DOL and NLRB continue to pursue policies that evidently favor corporations over people
April 9th, 2019
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 sepa…
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Categories: Blog
A United States Supreme Court victory for employees?
February 1st, 2019
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 Prime…
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Categories: Blog
Another contrived government shutdown compromises enforcement of workplace protections
January 1st, 2019
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 and…
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Categories: Blog
Predictions for 2019 . . . the certainty of uncertainty
December 17th, 2018
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 relate…
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Categories: Blog
The legitimacy of the Supreme Court in question?
October 11th, 2018
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 t…
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Categories: Blog
Putting employer non-compete agreements in their place
August 6th, 2018
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, employers…
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Categories: Blog
Supreme Court and Congress act in the same week to undercut the rule of law
June 1st, 2018
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…
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Categories: Blog
Politicized Supreme Court, by a slim majority, again sides with corporations
May 1st, 2018
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…
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Categories: Blog