Coordinating Complex Employment Litigation
In the past several years, employment class and collective action lawsuits have caught the attention of employees across the country. Many of these cases have resulted in multi-million dollar settlements or verdicts. Equally troubling, once an industry or corporation is viewed as potentially vulnerable on an issue, copycat cases may be brought in multiple jurisdictions against the same defendant or against others in the same industry.
NLRB Again Limits <i>'Weingarten' </i>Rights
Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.
OK to Favor Older Employees over Younger Ones?
On Feb. 24, 2004, the U.S. Supreme Court issued an important decision concerning whether the Age Discrimination in Employment Act (ADEA) prohibits employers from engaging in "reverse discrimination" by favoring older workers over younger workers. In <i>General Dynamics Land Systems, Inc. v. Cline</i>, the Supreme Court held that the ADEA does not prohibit employers from favoring older employers over younger ones. Because this decision resolves a conflict in various federal circuit courts of appeal, the Supreme Court's opinion eliminates any uncertainty concerning this issue at the federal level.
Protecting a Company's 'Crown Jewels' Through Employee Departure Plans
Employees leave their current employers every day, presumably to pursue new and brighter career opportunities. This is especially true today, as the economy seems to be picking up pace and employers find themselves needing to expand their workforces. Inevitably, some employees will go to work for competitors of their former employers. While employees have the right to seek new and better jobs, the law is equally clear that they may not do so at the expense of their former employer's business interests.
Vicarious Liability and Copyright Law: Breaking with Tradition
Vicarious liability is applicable in most areas of tort law. As the U.S. Supreme Court stated in an opinion early last year, "traditional vicarious liability rules ordinarily make principals or employers vicariously liable for acts of their agents or employees in the scope of their authority or employment." <i>Meyer v. Holley</i>, 537 U.S. 280, 283 (2003).
