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Author Archives: Kimberly Atkins

National Labor Relations Board ruling takes aim at confidential investigations (access required)

A recent National Labor Relations Board ruling holding that a company committed an unfair labor practice by requiring employees to agree to keep internal investigation interviews confidential is sending employers scrambling to change their policies. Employment defense lawyers say the ...

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New National Labor Relations Board focus: At-will employment pacts (access required)

In most American workplaces, at-will employment clauses in employee handbooks and agreements are as common as break room water coolers. But recent cases brought by the National Labor Relations Board alleging that some at-will policy agreements violate federal law have ...

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Law enforcement cell phone data requests surge (access required)

Last year, federal, state and local law enforcement authorities made more than 1.3 million requests for consumers’ cell phone records, according to wireless carriers’ response to a congressional inquiry. The requests included include “cell tower dumps” – a process in ...

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Challenges ahead for court-whittled Arizona immigration law (access required)

The U.S. Supreme Court’s ruling striking down three of four challenged provisions of Arizona’s controversial immigration enforcement law – and essentially inviting future challenges to the remaining part of the statute – has lawyers prepared for a flurry of litigation ...

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U.S. Supreme Court Justices: No overtime pay for pharma reps under FLSA (access required)

Pharmaceutical representatives who pitch products to doctors are “outside salespeople” under the Fair Labor Standards Act and therefore not entitled to overtime pay, the U.S. Supreme Court has ruled. The case involved two pharmaceutical company sales representatives who were tasked ...

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Transgender ruling could open door to gay bias claims (access required)

A recent Equal Employment Opportunity Commission ruling could lead to bias claims from more transgendered and gay workers under Title VII . “This decision has confirmed the trend that we have seen in the courts, which is that there is ...

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National Labor Relations Board to rule if university faculty fall under NLRA (access required)

The National Labor Relations Board is accepting briefs in a case considering whether university faculty members seeking to unionize are considered employees and thus covered by the National Labor Relations Act, or whether they are managerial and thus excluded from ...

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Anti-criminal hiring policies could spur bias suits (access required)

For employers, policies that forbid the hiring of convicted felons may seem like a very good, common-sense idea, especially for companies in the hospitality industry or any other trade involving frequent contact with customers. But under an initiative from the ...

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In fight against HR 5, American Association for Justice and conservative groups form unusual coalition (access required)

As lawmakers prepare to take up the controversial tort reform legislation, the measure is creating a strange coalition of opponents seeking to stop the bill in its tracks. As we’ve reported in Lawyers USA, the trial lawyers’ group the American ...

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Bankruptcy, appellate case filings drop in fiscal 2011 (access required)

Caseloads at federal trial courts increased slightly during fiscal 2011, while the number of bankruptcy and appellate cases dropped, according to recently released data from the Administrative Office of the U.S. Courts. According to the data, civil filings in U.S. ...

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