FMLA Ruled Applicable to State Workers
August 27, 2003
In a somewhat surprising 6-3 decision written by Chief Justice Rehnquist, the United States Supreme Court ruled that Congress had abrogated the states' Eleventh Amendment immunity when it enacted the Family Medical Leave Act and that therefore, state workers are entitled to the protection of that statute. In so ruling, the Court characterized Congress' goals in enacting the FMLA as protecting against gender-based discrimination in the workplace and eliminating stereotypes related to child-rearing and family care issues. As such, the Court concluded that challenges to the constitutionality of the FMLA warranted heightened scrutiny.
Class Action Certified for Wage Claim Under State Law
August 27, 2003
A class action brought on behalf of 15,000 present and former members of Bloomingdale's commissioned sales force was certified under New York Labor Law '193 based on a claim that Bloomingdale's inappropriately made deductions from the commissions credited to the sales force for merchandise returned by customers. <i>Jacobs v. Bloomingdale's, Inc.</i> Index No. 17283/96 (Sup. Ct. Queens Co. 5/03) (Taylor, J.S.C.)
Enron Probe Examines Firms' Roles
August 13, 2003
The Enron examiner is back. And a few law firms can't be too happy about it. R. Neal Batson, the court-appointed examiner investigating the exotic financing schemes that contributed to the Enron Corp.'s bankruptcy, publicly released his much-anticipated second report on March 5.
Significant Changes for EEO-1 Form
August 01, 2003
The EEOC has proposed significant changes in the way EEO-1 forms are to be completed, including revisions to the scope of the race/ethnicity categories and in the definition of job categories.
Writing Insights
August 01, 2003
<i>Put the argument into a concrete shape, into an imagesome hard phrase, sound and solid as a ball, which they can see and handle and carry home with them and the cause is half won.</i>-Ralph Waldo Emerson
Supreme Court Hands Arbitrators the Keys to the Class Action
August 01, 2003
A plurality of the U.S. Supreme Court ruled that an arbitrator must decide whether class action arbitration in a consumer action is authorized. <i>Green Tree Financial Corp. v. Bazzle</i>, 123 S.Ct. 2402, (June 23, 2003). Four Justices concluded that whether or not the contracts forbid class arbitration is a disputed issue of contract interpretation and that such a dispute must be decided by an arbitrator. Justice Stevens concurred in the judgment.
A New York Perspective on Workplace 'Spam'
August 01, 2003
When employees lose their jobs, bitterness may breed revenge - revenge that goes well beyond the pilfering of pens on the way out. Disgruntled former employees have been known to defame the company to its clients, offer inside information to competitors, and initiate frivolous litigation, all at great cost to their former employers. But there is another problem that may be on the rise: spam, the Internet's version of junk mail.
