LEL Flash | Issue: June 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: June 2013

Comments from the Chair

Where Should You Start a Research Project?

Final exams are over. Now, summer clerks are joining experienced lawyers around the nation, including many members of the ABA Section of Labor and Employment Law. Some students will clerk for firms that represent employers. Others will work for unions and their law firms, and some students will join firms representing employees. Students work at large, small, and medium sized firms, in corporate legal departments, . . . [more]

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

Special Feature

Supreme Court Issues One and Prepares for a Second Major Decision Under the Fair Labor Standards Act

On April 16, 2013, in Genesis Healthcare Corp. v. Symczyk, the Supreme Court held that a putative FLSA collective action became moot when the lone plaintiff received a complete offer of judgment before other potential plaintiffs joined the action. (No. 11-1059, slip op.)

Laura Symczyk sued on behalf of herself and other employees alleging that her employer violated the FLSA by deducting 30 minutes of paid time for meal breaks even if the employees actually worked during those breaks. Before any other employees joined, the employer served a Rule 68 offer of judgment for the full amount of plaintiff's allegedly unpaid wages, plus "reasonable attorneys' fees, costs, and expenses." Though the plaintiff did not accept the offer of judgment, the district court granted . . . [more]


Pro Bono Help for Victims of Human Trafficking

ABA President Laurel Bellows has made eradicating human trafficking a focus of her administration and has established a Task Force on Human Trafficking to mobilize the legal profession to combat trafficking through public awareness, advocacy, training and education. Human trafficking is a modern-day form of slavery. It is a crime under international, federal, and state law. In 2003, the Trafficking Victims Protection Act was amended to add a private right of action, which allows trafficking victims to bring claims against . . . [more]

Committee News

Midwinter Meetings Celebrate Events Promoting Diversity

During the 2013 Midwinter Meeting season, eleven Standing Committees held fifteen diversity events approved by Diversity in the Legal Profession Committee ("DLP") for Section funding. The Section provides funding of up to $1,000 of reimbursed expenses to committees that hold pre-approved diversity events at their Midwinter Meetings. Here are the highlights of these events . . . [more]

Section News

Call for Section Leadership Nominations

Section of Labor and Employment Law Officers and Council Members will be elected during the Section's Business Meeting to take place at 3:30 p.m. on August 10 at the ABA Annual Meeting. The Section's Nominating Committee will make nominations for these open leadership positions during the Section Council Meeting at 3:30 p.m. on August 9:

  • Chair-Elect
  • Vice Chairs
  • Secretary-Elect
  • Section Delegate to ABA House of Delegates
  • Section Governance Liaison
  • Council Members

Section members may submit nominations for these positions to any member of the nominating Committee for 2012:

George Washington, Oak Hills, VA; Chair (employer)

Jason Marsili, Los Angeles, CA; (union and employee)

Adele Rapport, Chicago, IL; (public/neutral)

Call for Section Development Fund Applications

The purpose of the Section Development Fund is to increase membership in the Section by encouraging participation in the Annual Section Conference and Section Committee Midwinter Meetings by providing fellowships of three years in duration to individuals who would otherwise be financially unable to participate in such activities. The Fellowships cover one committee midwinter meeting and/or one Annual Section Conference per ABA fiscal year (September 1-August 31). Over the duration of the Fellowship, participants must attend at least one Annual Section Conference. Applications are solicited throughout the year, with a submission deadline of June 28. Fellowships are announced following the ABA Annual Meeting in August.

Access the 2013-2014 Section Development Fund Application Form (PDF) here.

Advocates' Day at 2013 ALRA Conference

The Association of Labor Relations Agencies (ALRA) cordially invites section members to register and attend the Advocates' Day program of the 2013 ALRA annual conference. Advocates' Day is a unique one-day program that brings together labor officials, labor and management representatives, public and private sector managers, and labor relations neutrals from across the United States and Canada to hear national and regional speakers discuss key issues of the day. The 2013 Advocates' Day will be held on Tuesday, July 23 at the Mayflower Renaissance Hotel in Washington, D.C. The price for the program is $195 and includes a lunch and a cocktail reception where attendees can network with delegates and guest speakers.

ALRA is an association of U.S. and Canadian state, provincial and federal labor relations boards, mediation agencies and labor departments. Click here to register or visit the ALRA.org website for an agenda and more information.

We look forward to seeing you July 23 in Washington, D.C.

Two Labor and Employment Updates Now Available!

The Uniformed Services Employment and Reemployment Rights Act, with 2013 Cumulative Supplement
In this comprehensive analysis of USERRA's breadth and the complicated issues involved in its application and enforcement, the authors include practitioners who represent both employers and employees, providing a balanced view of USERRA and its rights and obligations. This treatise examines critical issues under the Act, including: a history of USERRA; coverage of employers and employees; leave entitlements and requirements regarding leave requests; leave scheduling and notice requirements; pay and benefits when an employee is taking a leave of absence; healthcare and non-healthcare benefits for returning employees; discrimination and retaliation rights; and remedies and enforcement mechanisms.

The 2013 Cumulative Supplement discusses how employers, employees, and the courts continue to struggle with the proper rules for reinstating employees upon a release from service; explores why USERRA discrimination claims had more success in 2012 than in prior years, with a number of cases surviving summary judgment based on comments allegedly made by supervisors; and covers how one district court analyzed the question of whether non-seniority-based benefits voluntarily provided by an employer to employees on non-USERRA leaves needed to be provided to employees on USERRA-protected leaves.

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

Elkouri & Elkouri: How Arbitration Works, Seventh Edition

The Seventh Edition provides in-depth coverage of critical topics, including arbitrators' consideration of external law in labor arbitration, legislation and litigation 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, new case law on the unauthorized practice of law as it relates to labor arbitration, and updated discussion of state and local government arbitration and interest arbitration in light of recent changes in state law.

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 ADR in Labor and Employment Law Committee.

Section members are entitled to significant discounts on this and other Section treatises published by ABA/Bloomberg BNA, including the following recent new editions: Employee Benefits Law, Third Edition, Employment Discrimination Law, Fifth Edition, and Covenants Not to Compete, A State-by-State Survey, Eighth Edition.

For a complete listing of Section titles and discounted prices, and to order, visit www.bna.com/bnabooks/abale.

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