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Author Archives: Kimberly Atkins

Court’s ruling on NLRB affects hundreds of decisions

Labor and employment lawyers’ jobs got a little trickier after the U.S. Supreme Court decided that nearly 600 rulings from the National Labor Relations Board were handed down while the board lacked the authority to act.

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‘Sexting’ decision leaves privacy issue unresolved

When the U.S. Supreme Court took up the case City of Ontario v. Quon, the legal world braced for the justices to rule on whether employees have a privacy interest in the messages they send on employer-issued mobile devices.

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Rise in charges has employers on ‘high alert’

When the going gets tough, the employment discrimination enforcement actions get going. And last year seems to be no different, with a number of factors creating a perfect storm of sorts for discrimination claims, including a rise in job losses, the passage of new age and disability bias laws and a tougher enforcement policy spearheaded by the Obama administration’s Equal Employment Opportunity Commission.

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Surprise ruling makes age bias cases tough for plaintiffs

Attorneys, employee advocates and lawmakers say a surprise U.S. Supreme Court ruling eliminating “mixed-motive” claims under the Age Discrimination in Employment Act will make proving age bias in the workplace a much tougher task for plaintiffs.

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Supreme Court hears arguments in age-bias case

The U.S. Supreme Court heard oral arguments recently in an age discrimination case in which the legal issues were so thorny, even a seasoned high court litigator was compelled to comment. “The issues here are unbelievably complicated,” said Carter G. ...

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A company policy can save employers a lot of blog-ache

In an age where it seems like almost everyone is expressing his personal thoughts on blogs, on social networking sites and in website comment sections, it’s essential that employers have policies governing their employees’ personal online activities. “I would be ...

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Defense, plaintiffs’ lawyers spar over retaliation ruling

The recent U.S. Supreme Court decision permitting a worker who was fired after answering questions during an internal sex harassment inquiry to pursue a Title VII claim has the defense and plaintiffs’ bars divided over its impact. While some employment ...

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New pay bias legislation gets mixed reaction

The first law signed by President Barack Obama, which overturned a U.S. Supreme Court ruling and gave employees more time to file unequal pay-bias claims, is being hailed by proponents as a way to ensure equality in the workplace. But ...

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DOJ alters controversial ‘McNulty Memo’

A top Justice Department official told lawmakers earlier this month the controversial “McNulty Memo” would soon be a thing of the past. The memo – which authorizes federal prosecutors to offer favorable terms to corporate criminal defendants in exchange for ...

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Retaliation decisions surprise many

After several pro-employer decisions last term – including a controversial ruling that prompted lawmakers to draft legislation to overturn it – the U.S. Supreme Court recently expanded the right of employees to sue for retaliation under two federal statutes.

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