LEL Flash | Issue: February 2013

FLASH header

Flash Co-Chairs: Jeremy J Glenn, Meckler Bulger et al | Elana Hollo, National Labor Relations Board | Katherine Huibonhoa, Paul Hastings LLP | Amy F. Shulman, Broach & Stulberg LLP

Issue: February 2013

Comments from the Chair

The Speaker, Moderator, Editor and Author Database of Section of Labor and Employment Law

The Section is introducing a new tool to increase the diversity of Section members who present at our conferences, write for our publications, and participate in all of our programs and activities. We expect our new Speaker, Moderator, Editor and Author Database to be an easy and effective channel for Section members to use to communicate their desire to get more involved in the Section. Members and others ... [more]

Stewart S. Manela
Chair, ABA Section of Labor and Employment Law

Special Feature

NLRB Roundup

In a January 25, 2013 decision, the D.C. Circuit ruled that President Obama's two recess appointments to the Board in January 2012 were invalid. If upheld, this decision would result in the loss of the Board's decision-making authority until it is properly re-constituted, and all decisions it issued in 2012 would be voided, including all of those discussed below. Board Chairman Mark Gaston Pearce issued a statement in response, indicating . . . [more]

Hot Topic

D.C. Circuit Invalidates President's Recess Appointments to the NLRB

In a decision released on January 25, 2013, the Court of Appeals, D.C. Circuit, invalidated President Obama's January 2012 appointments of three NLRB members. In Noel Canning v. NLRB (Canning or the Decision) the Court unanimously concluded that the National Labor Relations Board (also the NLRB or the Board) lacked authority to conclude an unfair labor practice occurred because three of the five members of the Board had not been validly appointed, resulting in the absence of a required quorum for the NLRB to conduct its business. The Court concluded the appointments . . . [more]



Law Student News

For a report on the Trial Advocacy Competition and Productive Networking Tips: A Few Universal Truths, follow this link.

Section News

Midwinter Meetings

2013 midwinter meeting season builds up steam with the dynamic duo of Development of the Law under the NLRA Committee Midwinter Meeting on February 24-27, and Committee on Practice & Procedure under the NLRA Committee Midwinter Meeting on February 27-March 2. Meetings will be held at the beautiful La Costa Resort in Carlsbad, California. Take in educational programs, such as The Board's View of mandatory class arbitration agreements viz DR Horton, does Bethlehem Steel still apply to discontinue union security, and get an update from the NLRB Board, along with a review of "C" & "N" cases. Afterward, take in some pampering at La Costa's renowned spa or a round of golf. Online registration has closed, but you can still register onsite! Agenda

March rolls in with Occupational Safety & Health Law Committee Midwinter Meeting at the Surf & Sand Resort in Laguna Beach, California on March 5-8. Learn about trends and regulation of workplace violence, OSHA's push on enterprise enforcement, and developments in mine safety and health. Finish up your day with a cool poolside drink while taking in beautiful ocean views. Agenda

Traveling back to the east coast, the Railway & Airline Committee Midwinter Meeting will be held March 13-15 at Charleston Place Hotel in beautiful Charleston, South Carolina. A full agenda is planned, covering such areas as the RLA and bankruptcy, airline and railroad successorship issues, and DOL whistleblower decisions under the FRSA. Breathe in history while strolling Charleston's quaint blocks. Agenda

March 14-16 sees Workers' Compensation Committee Midwinter Seminar and Conference at the historic Biltmore Hotel in Coral Gables, Florida. Learn about social media use in WC litigation, WC for telecommuters, and evidence based medicine while enjoying sunny South Florida hospitality. Meeting is co-sponsored by Tort Trial & Insurance Practice Section. Agenda

See the complete schedule of Section 2013 Midwinter Meetings to find your special destination. Great learning and fun await--we hope you will join us!

Now Available: Two New Supplements to Classic Labor and Employment Law Treatises!

The Fair Labor Standards Act, Second Edition, 2012 Cumulative Supplement

The Fair Labor Standards Act, Second Edition is a reference of first resort in advising clients, analyzing fact patterns, and litigating cases under the FLSA.

The new 2012 Cumulative Supplement includes analysis of the U.S. Supreme Court's decision on the outside salesperson exemption in Christopher v. SmithKline Beecham Corp., developments in the case law on when donning and doffing protective clothing is compensable and commences the start of the workday, discussion of the growing consensus on the propriety of hybrid/combined FLSA collective and state law class actions, and new court decisions applying the administrative exemption to customer-service and sales-related positions.

The 2012 Cumulative Supplement also discusses developments regarding the Section 7(i) exemption for commission-paid employees, including the Third Circuit's decision in Parker v. Nutrisystem; district court decisions applying Kasten v. St. Gobain Performance Plastics in FLSA retaliation cases; court treatment of the DOL's interpretations of FLSA regulations; recent decisions on certifying and decertifying collective actions; and the DOL's regulation regarding tipped employees.

This treatise is published in cooperation with the Federal Labor Standards Legislation Committee.

Wage and Hour Laws: A State-by-State Survey, Second Edition, 2012 Supplement

Unlike other books covering this area of the law, Wage and Hour Laws: A State-by-State Survey, Second Edition provides detailed analyses of state regulations, wage orders, and court cases interpreting and applying the laws.

The new 2012 Supplement addresses new developments, including a challenge to the constitutionality of an Arizona law providing for significant financial penalties if any part of an employee's paycheck is withheld for political purposes, the repeal of New Jersey rules for the white collar exemptions, the Supreme Court of California's ruling that non-residents who come into California to work are covered by the state's labor code, and the U.S. District Court in Hawaii's holding that unionized employees' wage claims for the improper withholding of tips are not pre-empted by section 301 of the Labor Management Relations Act.

The 2012 Supplement also covers the enactment of a new Maryland law requiring that employers who provide any form of accrued, paid leave permit employees to use that leave to deal with the illness of a parent, spouse, or child; the Massachusetts Department of Labor Standards' determination that employees cannot be compelled to pay for uniforms; and a Washington appellate court's holding that the state meal and rest period regulation imposes a "mandatory obligation" on employers.

This treatise is published in cooperation with the Federal Labor Standards Legislation Committee.

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