Employment litigation: another arbitration agreement upheld!

A Federal Court applies the Supreme Court’s decision in AT& T v. Concepcion  to a case brought as a collective action under the Fair Labor Standards Act (the Federal wage-hour law).  If this signals a wholesale embrace by Federal courts of arbitration agreements in the employment context it is a step forward for the alternative

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Handle employment litigation? Get familiar with the CFAA!

The Computer Fraud and Abuse Act can be a tool in the employers arsenal to protect confidential information or to fight attacks on internet communication systems that sometimes occur during labor disputes. Since computer fraud and abuse is a crime the suggestion it was violated in extremely intimidating. From the point of view of lawyers representing

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Whoa! Acquire a company, better update those non-competes.

Federal Appeals Court in Boston holds that triggering date for employee non-compete agreement was date company acquired by another firm in same industry, therefore non-competes had expired and were not enforceable. See more here: http://www.jacksonlewis.com/resources.php?NewsID=3940

Religious liberty in the workplace?

A court held that FedEx may have violated Title VII of the 1964 Civil Rights Act, as amended, by failing to accommodate an employee’s religious beliefs. The employee was a Christian. FedEx told him he could not answer questions about his religious beliefs in the workplace.  See this link,  http://www.franczek.com/frontcenter-Questions_Religion_Violate_Title_VII.html There is a larger question here

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Interesting commentary on today’s sexual harassment scene!

Hermain Cain’s difficulties with allegations of sexual harassment produced this interesting commentary on today’s sexual harassment scene by Victor Davis Hanson, a classics professor. http://www.nationalreview.com/articles/282643/cain-lost-labyrinth-victor-davis-hanson

What? $20,000,000 in ADA liability for enforcing attendance policy?

Verizon settles with EEOC for $20,000,000 in back pay to employees with disabilities for not making exceptions to its attendance policy. Read about it here: http://www.eeoc.gov/eeoc/newsroom/release/7-6-11a.cfm

State DA uses mediation to settle employee’s lawsuit.

A Florida District Attorney who fired a staff prosecutor for speaking at Tea Party rallies settles by way of mediation. A video and the mediated settlement agreement may be found here: http://www.wctv.tv/news/headlines/State_Attorney_Resolves_Dispute_With_Former_Employee_125229369.html?ref=369

WV State Supreme Court nixes arbitration in private nursing home contracts

There is some unfortunate hostility out there to resolving disputes outside the courtroom. Arbitration is the private dispute resolution mechanism which most frequently is the object of judicial displeasure. Read about it here: http://voices.injuryboard.com/nursing-home-and-elder-abuse/west-va-supreme-court-supports-jury-trials-in-many-arbitration-cases.aspx?googleid=292028.    

Being right not always prudent – So says the Evil HR Lady!

You may be right about the law but being a stickler about enforcing it may not be prudent. Sometimes you should let things go. Some lessons for mediators in the way Ms. Lucas, the “Evil HR Lady”, handled this question. Read the article here:http://www.bnet.com/blog/evil-hr-lady/when-your-company-is-breaking-the-law/2517?tag=sec-river1

Wal-Mart: Law Firm Spends $7,000,000 — Gets Nothing

One plaintiff’s law firm spent $7,000,000 over ten years on the Wal-Mart case – comes away with nothing for its 1.5 million women clients and the law firm. $2,000,000 was spent on experts. Do you suppose that a few thousand spent on a serious effort at mediation might have produced a more satisfactory result for

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