On September 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Proposed Rule would roll back changes to the joint-employer test established in a 2020 rule and re-ground the analysis in its historic common-law agency principles.
Lessons from Trinity Lutheran: An Entity-Based Approach to Unconstitutional Conditions and Abortion Defunding Laws
Jennifer Davidson, Lessons from Trinity Lutheran: An Entity-Based Approach to Unconstitutional Conditions and Abortion Defunding Laws, NYU REVIEW OF LAW AND SOCIAL CHANGE, Vol. 43, 2019
Justice for All?: The Shortcomings and Potentials of the Capabilities Approach for Protecting Animals
Jennifer Davidson, Justice for All?: The Shortcomings and Potentials of the Capabilities Approach for Protecting Animals, ANIMAL LAW REVIEW, Vol. 24, 2018
FLSA Collective Action Notice Issues
Justin M. Swartz and Juno Turner, Labor & Employment Law, Section of Labor and Employment Law, American Bar Association, Winter 2013, Volume 41, Number 2
New Laws Expand Whistleblower Protections
Wayne N. Outten and Cara E. Greene, Employment Law Strategist, November 2011.
Get Used To More Davids Becoming Dianes
Kathleen Peratis, The Forward, July 24, 2008. A brief discussion of who transgender people are, and the differences between transgender and gay people.
You have to hand it to Rep. Barney Frank, the man knows how to empathize. In the first-ever congressional hearing on workplace discrimination against transgender people, held by the House in late June in an Education and Labor subcommittee, Frank said he understands what it means to be trapped in the wrong body — because that is what happens when his legislation gets bogged down over in the Senate.
The lesbian, gay, bisexual and transgender — or LGBT, for short — press called the congressional hearing on gender identity discrimination “historic” and “groundbreaking.” The mainstream media pretty much ignored it, but the issue is worth keeping an eye on.
Arbitrability Of Sarbanes-Oxley Whistleblower Claims
This article explores the arguments presented by member firms and registered employees, and outlines what arbitration panels have decided. Laurence S. Moy. Pearl Zachlewski, Linda Neilan, and Katherine Blostein. The Neutral Corner, Newsletter of FINRA Neutrals, Volume 1, 2008.
Since the passage of the Sarbanes-Oxley Act of 2002 (SOX), arbitrators handling employment claims may be faced with a throny question concerning SOX whistleblower claims: Should a SOX claim be litigated in court or arbitrated? Ultimately, the question comes to whether SOX whistleblower claims constitute "employment discrimination" claims, and are thus exempt from arbitration under Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (Code). This article explores the arguments presented by member firms and registered employees and outlines what arbitration panels have decided.