Employment

Expert Analysis

Ga. Puts Up Another Hurdle For Class Certification

The U.S. District Court for the Northern District of Georgia's recent denial of class certification under the Fair Credit Reporting Act in Farmer v. The Phillips Agency not only clarifies the essential elements of a cause of action under the act's Section 1681k(a)(2), but it also makes it considerably more difficult for plaintiffs to certify class actions, says Matthew Simpson of Fisher & Phillips LLP.
Regional Directors — NLRB's Secret Weapon

In the National Labor Relations Board's world, regional directors have a lot of power — they’re given wide latitude in deciding which cases to pursue and appointed by the board without being subject to Senate approval. With this NLRB, we need to pay close attention to what regional directors are doing way below the radar but with profound consequences on the radar, says Jonathan Segal of Duane Morris LLP.
When Blowing The Whistle Loses Protection

The most enduring significance of the Eighth Circuit’s opinion in Wood v. SatCom Marketing LLC is its recognition and explanation of the limits on how often, to whom and under what circumstances a whistleblower can blow the whistle to bring attention to the same condition before his or her initially protected conduct loses its protected status, says Scott Wenner of Schander Harrison Segal & Lewis LLP.
Supreme Court Tames Class Action Frankenstein's Monster

The unanimous U.S. Supreme Court decision in Standard Fire Insurance Co. v. Knowles will be praised by class action defense counsel as comporting with the congressional intent of the Class Action Fairness Act and ramifying the pleading strategies used by putative class representatives to maximize the litigation leverage of the "Frankenstein's monster" created by class actions, say attorneys with Fulbright & Jaworski LLP.
Where Privilege Protection Ends In Internal Investigations

Internal investigations by counsel into potentially illegal corporate conduct are generally considered to be protected by the attorney-client privilege and attorney work-product doctrine. It is less clear whether work that is unconnected or tangentially connected to such an investigation, including internal audits or anti-corruption risk assessments, may be conducted in a way that preserves privilege protections, say attorneys with Paul Hastings LLP.
How To Determine If An Executive Compensation Is 'Fair'

How can we compare the compensation of CEOs when there are so many differences among them? The answer is to apply econometrics — the application of statistics to economic questions. Specifically, a multiple regression analysis can be a powerful tool for making inferences about the level of compensation paid to executives, says George Korenko of Edgeworth Economics LLC.
Ins And Outs Of Nonparty Discovery In Texas Arbitration

Given the strong public policy considerations against nonparty discovery in arbitration proceedings, considerations that have split the federal court system over whether it is ever allowable, Texas courts should be particularly mindful of protecting nonparties when someone is trying to compel them to participate in a private proceeding to which they never agreed, says Adam Schramek of Fulbright & Jaworski LLP.
USERRA Does Not Bar Layoffs

Interpreting the Uniformed Services Employment and Re-employment Rights Act, the Eighth Circuit in Milhauser v. Minco Prods. Inc. provides clarity to employers who seek to terminate a service member’s employment if his civilian position would have been eliminated during his military service and he would not otherwise have a position with the company, says Olivia Zimmerman Miller of Weil Gotshal & Manges LLP.
7 Reasons To Do Pro Bono Work

Research shows that helping others and cultivating social relationships makes us happier and that generous people live longer, healthier lives. These are just a few of the countless reasons to create time in our busy schedules to do pro bono and charitable work this year, says Anne Brafford of Morgan Lewis & Bockius LLP.
A Look At The Toughest Unemployment Discrimination Law

Employers in New York City are just beginning to grip the scope of a new law that gives job applicants protection from unemployment discrimination. This law opens up a new frontier in the area of employment discrimination, and understanding the contours of the law and ensuring compliance is unlikely to be straightforward, say attorneys with Pepper Hamilton LLP.