Thursday, March 31, 2016

Do you understand your state’s wiretap law?


wins-wiretap-wrongful-arrestHere’s one you don’t see everyday. According to ESPN, the Los Angeles Lakers are peeved at one of their teammates, rookie D’Angelo Russell. So far, no big deal. That is, no big deal until you understand the cause of the rift. I’ll let ESPN take it from here.

Sources told ESPN.com that some teammates' trust in Russell is eroding after a video surfaced in the past week that shows Russell recording a private conversation between himself and teammate Nick Young. Young does not appear to realize he is being taped. The video, which is believed to have come to light last week via the Twitter account of a celebrity gossip site, shows Russell filming Young while asking questions about Young being with other women.

Wednesday, March 30, 2016

7 tips for employers, from your friendly neighborhood plaintiff lawyer


I found a blog post in which a plaintiff-side employment lawyer shared the 7 things employers don’t do, that they should be doing. The three that jumped off the page to me—

  • “With every new potential client, I ask if they received a warning before being terminated. As soon as I hear ‘yes,’ it does slow us down in the march toward litigation.”
  • “Juries expect some level of progressive discipline—they think it should be required.”
  • “People don’t run to attorneys because they think they’ve got a great legal case. They come to see me because they’re angry about they way they were treated, especially on their way out.”

Tuesday, March 29, 2016

NLRB judge shoots down employee separation agreement as overly broad


Employers prefer finality when they pay an employee severance at the end of employment. One way employers sure up this finality is by obtaining a broad release of claims and covenant not to sue from the employee. But, that is not the only way. Employers use of variety of terms in separation agreements to try to ensure that the agreement is the last they will hear from the employee. That is, unless the employee runs to the NLRB, which seems to believe that there isn’t a policy that doesn’t violate the Board’s rules on protected concerted activity.

Monday, March 28, 2016

When schoolyard bullies become workplace bullies


This is Donovan.


He’s 7 years old. And he has Noonan Syndrome. Noonan Syndrome is genetic disorder caused by one of several genetic mutations. Donovan’s is of the PTPN11 gene. It is a multi-system disorder with an estimated prevalence of 1 in 1,000 – 2,500 births. In Donovan’s case, he has a bleeding (platelet function) disorder, a congenital heart defect (pulmonary valve stenosis), feeding and gastrointestinal issues (Celiac disease), ptosis of his right eye, small stature (for which he takes daily injections of growth hormones), and low-set ears.

Friday, March 25, 2016

DOL's “Persuader Rule” goes live; unions rejoice


The U.S. Department of Labor has issued its long awaited Final Rule reinterpreting the “Advice Exemption” to the Labor Management Reporting and Disclosure Act, otherwise known as the “persuader” rule.

What does this mean for you? In summary, it means that if you engage an outside law firm or other consultant to provide advice, or to otherwise represent you concerning employee organizing, concerted activities, or collective bargaining activities, you must report that engagement to the DOL, and, therefore, also to the union.

Thursday, March 24, 2016

The class action is dead … long live the class action! #SCOTUS upholds “representative samples” for class certification


It’s been nearly five years since the Supreme Court decided, in Wal-Mart Stores, Inc. v. Dukes, that the claims of large groups of employees that involve differing calculations of damages must be litigatated as individual claims, and not as a class action.

At the time, and since, may pundits declared the wage-and-hour class action lawsuit dead (or at least with one foot squarely in the grave).

Earlier this week, however, the Supreme Court applied the paddled and shocked the class action back to life.

Wednesday, March 23, 2016

Employment Law Blog Carnival: The “Candy Cane Children” Edition #ELBC


People seem to like lists, so here’s one to kick off this month’s Employment Law Blog Carnival. Who is the greatest rock band of each decade (according to Jon Hyman)?

  • The 1960s — The Beatles (with apologies to the Rolling Stones)
  • The 1970s — The Who (with apologies to Led Zeppelin and the Clash)
  • The 1980s — U2 (with apologies to Guns N’ Roses and Talking Heads)
  • The 1990s — Nirvana (with apologies to Pearl Jam and Green Day)
  • The 2000s — White Stripes (with apologies to absolutely no one)

This month’s ELBC will focus on the latter, the White Stripes. They allegedly formed on Bastille Day 1997, and most certainly broke up five years ago. In between, they single-handedly saved rock ‘n’ roll.