By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - World's Best.
Copyright (c) 2006, Ross Runkel
Held: The Tenth Circuit erred in concluding that the District Court applied a per se rule and thus improperly engaged in its own analysis of the relevant factors under Rules 401 and 403, rather than remanding the case for the District Court to clarify its ruling.
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Read Supreme Court reverses "me too" evidence decision (Links)
Affirming the judgment below, the California Court of Appeal held that the TAA vested the Labor Commissioner with exclusive original jurisdiction over the dispute, and that Buckeye was inapposite because it did not involve an administrative agency with exclusive jurisdiction over a disputed issue.
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Read Arbitrator, not Labor Commissioner, decides issues (Links)
Paul Secunda has read the US Supreme Court transcript from today's oral argument in Gómez-Pérez v. Potter [ Details, briefs ] and concludes that the employer will win 5:4. The issue is whether federal employees can state a claim for retaliation under the Age Discrimination in Employment Act (ADEA).
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Read Gómez-Pérez v. Potter prediction (Links)
Some of these fees are transferred to Service Employees International Union (SEIU), MSEA's national affiliate. Costs of litigation that was not related to collective bargaining, however, were not included in the service fees assessed to MSEA's nonmembers.
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Read Three new Supreme Court cases (Links)
This week the US Supreme Court will hear two cases that will decide whether it is illegal for an employer to retaliate against an employee for complaining about discrimination. The 1st Circuit held that the ADEA does not provide a cause of action for retaliation by federal employers.
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Read Employment retaliation at the Supreme Court (Links)
A statutory amendment providing FMLA leave for "qualifying exigencies" arising out of a family member's active duty or call to active duty are not effective until DOL issues regulations defining "qualified exigencies.")
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Read Ready for new FMLA regulations? (Links)
Maggie Jacobsen, Former Member of the National Mediation Board Dies In 1993, President Clinton nominated Maggie Jacobsen to the National Mediation Board, the federal agency with jurisdiction over collective bargaining in the airline and railroad industries.
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Amendments to the Family and Medical Leave Act of 1993 (FMLA) are effective on January 28, 2008. Section 585 amends the FMLA to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a
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Read Effective immediately, FMLA covers care for member of armed forces (Links)
Associated General Contractors Labor and Employment Law Symposiums, presenter ABA Labor Section Committee on Practice and Procedure ALI-ABA Labor and Employee Benefits Courses of Study, Lecturer National Law Center for Inter-American Free Trade, Board of Directors ALI - ABA Faculty
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Read Three nominees to NLRB (Links)
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