Legal Developments Archives - Page 2 of 4

A Potentially Epic Alternative To Class-Action Waiver Arbitration Clauses

Kollman & Saucier

05/25/2018

Arbitration, Employment Contracts, Legal Developments

In the aftermath of Monday’s Supreme Court decision in Epic Systems Corp. v. Lewis, as discussed on this blog, employers are free to include class-action waivers as part of their arbitration clauses in employment agreements. There is, however, a difference between whether employers can include such clauses and whether all employers should include them. Some of the assumed benefits of arbitration are that it is less formal, less expensive, and...

Kollman & Saucier

05/22/2018

Arbitration, Class Actions, Employment Contracts, Labor Law, Legal Developments

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life. What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits? Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose of . . . mutual aid or protection”...

Kollman & Saucier

11/16/2017

Labor Law, Legal Developments, Legislative Developments, Wage & Hour

At least two employment-related bills have been introduced in Congress in recent days. The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements. Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave. The amount of leave...

Kollman & Saucier

10/10/2017

Legal Developments, Legislative Developments

October is ordinarily marked by shorter days, cooler weather, vibrant foliage, and the start of the MLB postseason. Indeed, as the games began last week, the Trump administration made a triple play of its own sort with a series of major labor and employment law-related actions. Restoring a Stricter Joint Employer Standard On October 4, a House committee advanced the Save Local Business Act in order to constrict the definition of joint...

Kollman & Saucier

05/24/2016

Employment Discrimination, Legal Developments, Limitations, Supreme Court Decisions

Yesterday, the Supreme Court issued its decision in Green v. Brennan, U.S. No. 14-613 (May 23, 2016), holding that the statute of limitations for a former Postmaster's Title VII constructive discharge claim begins on the date he gave notice of his resignation, and not on the date of the employer's alleged last discriminatory act. Former Postmaster Marvin Green had 45-days, under the limitations period applicable to federal sector Title VII claims,...

Kollman & Saucier

11/01/2013

Legal Developments

Money, it's a crime Share it fairly But don't take a slice of my pie - “Money” by Pink Floyd The Times They Are a-Changin' - Bob Dylan The times are changing in college athletics. Most fans of college sports know that college athletes cannot be paid for their efforts without jeopardizing their amateur status and possibly incurring (for them and their schools) severe penalties. This long held bastion of college athletics, however, is...

Kollman & Saucier

09/12/2013

Agency Activity, Legal Developments, Same-Sex Marriage

The Treasury Department and Internal Revenue Service issued a joint news release and Revenue Ruling 2013-17, in which the agencies announced that same-sex married couples will be recognized as legally married for federal tax purposes, regardless of where they reside, so long as they were married in any U.S. state or territory, or a foreign country, that legally recognizes same-sex marriages. This ruling implements federal tax aspects of the Supreme...

Kollman & Saucier

09/05/2013

Employer Liability, Legal Developments, Workplace Safety

On August 29th, 201, the court-appointed mediator in the consolidated concussion lawsuits filed against the NFL and other entities announced that the players and the NFL had reached a tentative agreement. The lawsuits, which had been widely reported in the wake of several high profile deaths allegedly linked to concussions suffered while playing football, were filed by over 4,500 retired football players and allege a host of claims. The...

Kollman & Saucier

06/28/2013

Legal Developments, Supreme Court Decisions

In an important and far-reaching decision, the Supreme Court struck down Section 3 of the Federal Defense of Marriage Act (DOMA). United States v. Windsor, No. 12-307, 570 U.S. ____ (June 26, 2013). Section III of DOMA defined marriage, for federal purposes, as only between a man and woman. By striking down this provision, and recognizing the respective states’ definitions of marriage, the Supreme Court opened the door to a panoply of federal...

Kollman & Saucier

06/27/2013

Legal Developments

During the go-go days of the dot-com boom, I marveled at some of the perks my clients were providing to employees. Video games and foosball tables; on-site auto detailing; and the biggest shocker to me: open bars at work. One client used the phrase "going to the opera" to describe its regular company-sponsored outings to the local watering holes. But then came the dot-com crash, and I thought these days were forever behind me. As a management...

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A Potentially Epic Alternative To Class-Action Waiver Arbitration Clauses

Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Two Employment Related Measures Under Consideration By Congress

The Trump Administration’s Triple Play

The Supreme Court Delivers Some Bad News To The Post Office

Court Allows Ed O’Bannon Lawsuit Against NCAA To Go Forward

The IRS Has Spoken: Legal Same-Sex Marriage Recognized For Federal Tax Purposes

NFL Settles Concussion Lawsuits

Supreme Court Strikes Down Portion Of Defense Of Marriage Act

What's Old is New: Alcohol in the Workplace

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Category: Legal Developments

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