LEL Flash | Issue: January 2013<!-- .style1 {font-weight: bold} -->

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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: January 2013

Comments from the Chair

The other courtrooms of the federal courthouse had long since been cleared late on a mid-November afternoon. In Courtroom 21, the hum of the overhead fluorescent lights was the only sound the exhausted advocates could hear--other than the pounding in their chests--as the judge reviewed the papers completed by the jurors before she delivered the judgment. The litigators for both parties had never tried a case in federal court before, but they had invested countless hours with their clients and witnesses to prepare the case. Defendant's counsel was satisfied that the themes she had introduced in her opening had engaged the jurors. Plaintiff's lawyers were relieved that their witnesses had survived a grueling cross examination. The judge had admitted most of the evidence plaintiff needed to prevail, but defendant's counsel were confident that . . . [more]

Stewart S. Manela

Chair, ABA Section of Labor and Employment Law

Special Feature

How a Natural Disaster Impacts Leave Taken under the Family and Medical Leave Act

Katrina. The Joplin tornado. The 2011 Mississippi River Floods. Sandy.

These simple monikers sadly are etched forever in our minds, as they have wreaked havoc on many of our families, our communities, and our country. These natural disasters also had a devastating impact on employers across the country, many of whom had to shut their doors for periods of time or completely rebuild, and the employees who work for them. These disasters raise a host of employment law issues: whether employers are required to pay their employees during suspended operations; whether and to what extent health benefits should be offered during that time; and whether employers have notice obligations to their employees under specific employment laws or bargaining agreements when they shutter their operations. But what about . . . [more]

Tech Corner

Whose Social Media Account Is it? The Employee's or the Employer's?

In the social media era, the line between personal and professional social media activities and friends is becoming increasingly blurry. Many employees have social media accounts that predate their employment, but they may add friends and connections as a result of their employment. Employees may even use their or their employer's social media accounts to attract and communicate with customers. When an employee changes jobs, questions can arise regarding whether the social media account's "friends" are a trade secret and whether the employer or employee is entitled to maintain control over the account. Courts and legislatures across the country are just beginning to address these issues, with varying outcomes. This fascinating legal area requires . . . [more]


Spotlight on Pro Bono

The Pro Bono Partnership of Atlanta Provides Pro Bono Representation to Nonprofit Organizations Serving Low-Income and Disadvantaged Individuals

There is an impressive and growing array of pro bono work opportunities available to today's bar. For example, many attorneys prefer counseling and transactional work to litigation. At the Pro Bono Luncheon at the Section's Atlanta conference in November, Rachel Spears, Executive Director of The Pro Bono Partnership of Atlanta described how her organization helps these attorneys find pro bono work that is similar to what they do every day. The Pro Bono Partnership of Atlanta represents nonprofit organizations exclusively. "Like any employer," explains Spears, "nonprofits regularly have employment-related legal issues; and . . . [more]

Section News

Midwinter Meeting Registration is Open!

The New Year has just begun and with it, an exciting 2013 midwinter meeting season.

Registration is open for the Section's 2013 Committee Midwinter Meetings! Midwinter Meetings will be loaded with substantive programs on hot topics, current developments and recent decisions, presented by experts in their respective fields. All Committee Midwinter Meetings are eligible for CLE credit; some fulfill a year's requirement in many states.

February 7-10 brings the ADR in Labor and Employment Law Committee Midwinter Meeting taking place in Coronado, California at one of the Section Committee's favorite venues, the Hotel del Coronado. Enjoy tennis and plenty of beach and poolside fun while learning about topics such as the future of California class actions in employment law, how the use of in-house counsel affects an arbitration, and an update on 2012 Circuit Court activity. There will be a special pre-conference program presented by the American Arbitration Association entitled, "Tips and Techniques for Dealing with Disclosures, Discovery and Dispositive Motions in Employment Arbitration Hearings." Join us for an interesting and informative three days at the Hotel Del Coronado. Agenda

Later in February are two simultaneous meetings. The first is Employee Benefits Committee Midwinter Meeting, taking place on February 20-23 at Charleston Place in historic Charleston, South Carolina. Lively panels will be conducted on such topics as the effect of same-sex marriages and civil unions on employee benefits, remedies after Amara, and what's next in the class actions world by experts in the field. Agenda

The second is the Federal Labor Standards Legislation Committee Midwinter Meeting, taking place February 20-22 at the Westin Resort & Spa in beautiful Los Cabos, Mexico. Enjoy abundant sunshine while hearing about the DOL’s plans for 2013 and the President’s second term, hot topics developing under the FLSA, FMLA and ADEA, and a presentation from the EEOC about its recently released Strategic Enforcement Plan setting the agency’s initiatives through 2016. 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: New Editions to Three Classic Labor and Employment Treatises!

Employee Benefits Law, Third Edition
The new Third Edition offers detailed, annotated coverage of ERISA Titles I and IV; rules of tax qualification, deductibility, and other key tax issues; preemption with regard to ERISA and medical malpractice and related claims; and more.

The treatise discusses important recent cases such as CIGNA Corp. v. Amara, Conkright v. Frommert, Hardt v. Reliance Standard Life Insurance Co., and Metropolitan Life Insurance Co. v. Glenn. It also covers the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010.

This treatise is published in cooperation with the Employee Benefits Committee.

Elkouri & Elkouri: How Arbitration Works, Seventh Edition
The new Seventh Edition provides in-depth coverage of critical topics including arbitrators' consideration of external law in labor arbitration, legislation and litigation in developing standards for evidentiary privilege as it relates to union shop stewards, arbitrators' views on threats and violence, reconsideration of the continued viability of the plain meaning rule, and more.

The treatise includes a table of all arbitration awards discussed in text or cited in footnotes, a table of arbitrators, a table of statutory authorities, a table of cases with court and administrative cases, and a comprehensive index. Topics in the chapters are identified by Bloomberg BNA's Labor Arbitration Reports (LA) classification numbers, making it easier to do additional research in that arbitration award service. 

This treatise is published in cooperation with the Committee on ADR in Labor and Employment Law.

Employment Discrimination Law, Fifth Edition
The new Fifth Edition provides updated analysis of changes and significant new developments since the previous supplement, including rewritten chapters on EEOC Administrative Processes and Federal Contractor Affirmative Action Compliance. It offers substantial revisions and updates to many chapters, covering the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. and Wal-Mart Stores, Inc. v. Dukes; the Supreme Court's rulings expanding the breadth of retaliation claims; and more.

In most chapters, footnotes focus almost exclusively on decisions by the Supreme Court and the U.S. Courts of Appeals, avoiding cumulative and space-consuming citations, with the exception that district court decisions have been retained in instances where they constitute an important part of the developing case law (such as under newer statutes) and in fields such as procedure and evidence where there is little appellate authority.

Contribute to the Journal of Labor & Employment Law!

The ABA Journal of Labor & Employment Law invites members of the Section to submit articles for possible publication in the Journal on any topic of labor and employment law of interest to practicing attorneys. The Journal seeks to include articles from diverse perspectives (representatives of unions, employers, and employees, as well as neutrals) As a large proportion of the Journal's submissions have come from attorneys practicing labor or discrimination law, it has a special interest in receiving articles from other areas of practice including ERISA, OSHA, state common law, public sector labor and employment law, and ADR. Manuscripts should be shorter than forty pages, double spaced in Word format, and attached to an e-mail.

Learn more about the Journal.


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