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Another Pro-Employee Fifth Circuit Decision: Employee’s FMLA Claim Survives Summary Judgment

Posted in Labor & Employment, Uncategorized

In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA claims. http://hr.cch.com/ELD/IonChevron.pdf  Here, the plaintiff-employee told his supervisor that he needed time off from work to be with his son who was having a… Continue Reading

Google Glass – Get Ahead of the Employment Law Issues It Will Cause

Posted in Labor & Employment, Uncategorized

Google Glass, at its base, is an eyeglass frame with a camera and display built into the temple. The user operates it with finger swipes, head movements and voice commands.  The camera records the user’s first-person perspective, and whatever may be appearing before him or her at any given time. Realizing the potential privacy issues raised by… Continue Reading

An NLRB at Full Strength Means Problems for Non-Union Employers

Posted in Labor & Employment, Uncategorized

Earlier this week, the Senate confirmed the President’s nominations to the National Labor Relations Board (“NLRB”). For the first time in over 10 years, the NLRB now has a full complement of five members. Those members are: Mark Gaston Pearce (D); Kent Yoshiho Hirozawa (D); Nancy Jean Schiffer (D); Harry Johnson III (R) and Philip Andrew Miscimarra… Continue Reading

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

Posted in Labor & Employment, Uncategorized

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___ (2013).  To certify a class action, a plaintiff must make two showings. First, the plaintiff must establish the numerosity, commonality, typicality, and adequacy-of-representation requirements… Continue Reading