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Ross' Employment Law Blog

By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - World's Best.

Copyright (c) 2006, Ross Runkel

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Mike Maslanka: Dealing With Dysfunctional Counsel

Posted Saturday January 26, 2008, 11:48 am, Over one day old

Michael P. Maslanka has written Dealing With Dysfunctional Counsel, which has some answers. The article is written for general counsel. Michael P. Maslanka is an employment law expert who manages Ford & Harrison's Dallas, Texas office, and is an all-around nice guy.

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Whistleblower was offered $5,000, recovered $3,000,000

Posted Saturday January 26, 2008, 11:48 am, Over one day old

Read Whistleblower was offered $5,000, recovered $3,000,000 (Links)

Sarbanes-Oxley: An explanation from the 5th Circuit

Posted Saturday January 26, 2008, 11:48 am, Over one day old

Allen v. Allen filed a complaint with the Department of Labor against the employer, asserting a whistleblower claim under the Sarbanes-Oxley Act. The court determined ultimately that Allen did not act based on a reasonable belief and hence did not engage in protected activity under the Act.

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4th Birthday

Posted Saturday January 26, 2008, 11:48 am, Over one day old

Happy 4th Birthday to us. LawMemo publishes Employment Law Memo.

Read 4th Birthday (Links)

Medical marijuana law gives no protection from the boss

Posted Saturday January 26, 2008, 11:48 am, Over one day old

Gary Ross got fired because his drug test was positive for marijuana. He relied on California's Compassionate Use Act of 1996, which gives an individual some protections from criminal prosecution when using marijuana for medical purposes on the recommendation of a physician.

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Supreme Court takes three employment law cases

Posted Saturday January 26, 2008, 11:48 am, Over one day old

Her petition for certiorari presents the following question: "Does the anti-retaliation provision of section 704(a) of Title VII of the 1964 Civil Rights Act protect a worker from being dismissed because she cooperated with her employer's internal investigation of sexual harassment?"

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ADA accommodation case taken off Supreme Court docket

Posted Saturday January 26, 2008, 11:48 am, Over one day old

It raised an interesting issue: Whether the ADA requires an employer to reassign a disabled employee to a vacant position for which she is qualified, or merely permits the employee to apply and compete with other applicants for the vacant position.

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Supreme Court takes "class of one" case

Posted Sunday January 13, 2008, 11:25 am, Over one day old

This morning the US Supreme Court announced that it will decide whether, in the context of employment, there can be a "class of one" under the equal protection clause. The 9th Circuit held, as a matter of first impression, that a class-of-one theory is not applicable to public employees.

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9th Circuit grants stay of injunction against San Francisco Health Care Security Ordinance

Posted Wednesday January 9, 2008, 11:26 am, Over one day old

United States District Court for the Northern District of California held that the Ordinance is preempted by ERISA because it (1) it has an impermissible connection with employee benefit plans and (2) its expenditure requirements make unlawful reference to employee benefit plans.

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Age discrimination, retirement plans, and the Supreme Court

Posted Wednesday January 9, 2008, 11:26 am, Over one day old

The KRS disability-retirement-benefits plan disqualifies employees who are still working from receiving disability-retirement benefits if they have already reached normal retirement-benefit age at the time they become disabled. All EEOC is trying to do is establish a prima facie case.

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