» employment law

Open season on democracy and the rule of law

The Supreme Court received intense criticism from many quarters after it decided Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). In that 5-4 decision, the Supreme Court sharply reduced the restrictions on political campaign contr… Read More

Strength in diversity and multi-faceted advocacy

Many labor, employment law, civil rights, and consumer protection advocates have become concerned about the evidently growing power of well-financed interests aligned against them. The dysfunction in Congress and elsewhere in Washington, D.C. has mad… Read More

Supreme Court continues trend of ruling for employees in retaliation cases

The Supreme Court just decided a landmark case, Lawson v. FMR, concerning whether the law protecting employees of public companies also protects employees of private corporations. The law at issue is the Sarbanes-Oxley Act, which Congress enacted in… Read More

A rare victory before the Supreme Court for consumers and the public interest

As has been discussed in prior postings here, the Supreme Court has typically decided matters before it in a way that favors corporations to the detriment of employees, civil rights, or consumer protection. In a case brought by the Attorney General o… Read More

Walmart feeling the heat as winter approaches

This is typically the season to be merry for big box retailers like Walmart, which reap enormous profits at the end of each year. The world’s largest retailer, however, now faces a number of problems related to how it treats its employees. Only day… Read More

What is discrimination?

The law defines illegal discrimination as treating someone less favorably – regarding wages, employee benefits, or other terms of employment – because of a protected status, such as race, sex, age, disability, religion, and national origin. The s… Read More

Access to the civil justice system increasingly at risk

An expanding campaign about legal technicalities, if successful, would have real consequences for plaintiffs and their counsel: further limitations on effective prosecution of, and meaningful damages recoveries in, employment law, civil rights, and c… Read More

Are banksters finally being held accountable?

Many are familiar with the proverbial golden rule: do unto others as you would have others do unto you. Some have put a twist on the golden rule to say it now means that those with the gold make the rules. The behavior that led to the financial meltd… Read More

A widening disconnect

This past term generated a number of opinions by the Supreme Court that evidently reflect disregard as much for practical reality as for long-standing law. Although the pro-corporate bias of the Supreme Court is nothing new, the degree of that bias i… Read More

The Supreme Court’s radical ruling for the proverbial 1%

The latest decision by the Supreme Court about the arbitration of statutory claims will, going forward, preclude court action even when doing so deprives small businesses and many people of any meaningful legal recourse. In rendering such an extreme… Read More