LEL Flash | Issue: March/April 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: March/April 2013

Comments from the Chair

Expanding Section Regional Programming

The Section of Labor and Employment Law is initiating a new class of programming that should be of great value to Section members. While our Midwinter Meetings, Annual Section Conference, CLE webinars have long been the leading national programs on labor and employment topics, the Section has searched for ways to provide programming on a regional basis. Some committees have established regional programs: the regional meetings of the Committee on Practice and Procedure under the National Labor Relations Act (P&P) are ... [more]

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

Special Feature

How Natural Disasters Affect Obligations under the Fair Labor Standards Act

Neither hurricane, nor earthquake, nor tornado, nor gloom of other disasters, stays employers' obligations under the Fair Labor Standards Act (FLSA). Natural disasters and their aftermath raise a host of federal wage and hour issues. Some of the more frequently asked questions are discussed . . . [more]

Ethics Corner

Changes to Model Rules Make it Easier for Foreign-Based Attorneys to Practice in the United States

As the practice of law (and business generally) becomes more global, jurisdictions are amending their Unauthorized Practice of Law rules to allow lawyers admitted outside the United States ("foreign lawyers") to practice within the United States under certain circumstances. The changes are especially . . . [more]

Ethics Tip of the Month, Brought to you by ABA ETHICSearch (March, 2013): Thanks (or no thanks) for the Memory


Stay Tuned--The Potential Expanding Consequences of Noel Canning v. NLRB

If the Recess Appointments Clause of the U.S. Constitution is as limited as the U.S. Court of Appeals for the D.C. Circuit interprets it in Noel Canning v. NLRB, just how many presidential appointments--and how many federal agency actions--may be subject to a similar challenge? The answer may surprise those who thought Noel Canning only concerned National Labor Relations Board (NLRB) cases . . . [more]

Section News

Midwinter Meetings

Spring has sprung, and newly renamed Federal Sector Labor and Employment Law Committee kicks off the Section midyear meeting season at ABA Washington D.C. offices on April 10-11. Enjoy the cultural delights of D.C. while learning more on Whistleblower Enhancement Act, what's new at EEOC, and suggested solutions in workplace bullying cases. Agenda>>

April 21-23 brings the ABA National Symposium on Technology in Labor and Employment Law at the Hotel Bancroft in Berkeley, California. Learn more on cutting edge programs, such as how to be a legal tech geek, portable device forensics, "dual device" law & policies, and NLRB cases and evolving technology. Enjoy some shopping on Shattuck Avenue and all that Berkeley has to offer. Agenda>>

Midyear Meeting season wraps up with the International Labor & Employment Law Committee Midyear Meeting, May 5-9 in Rome, Italy. The meeting will take place at the Hotel Exedra, central to some of Rome's most popular tourist attractions. Learn about labor and employment issues confronting the Italian fashion sector, collective bargaining and employee rights around the globe, and how employers and worker organizations are coping with austerity measures in Europe and beyond. Take in optional tours, such a walking tour of Rome, and St. Peter's Basilica and the Vatican museums. Benvenuto a Roma! Agenda>>

Each winter, the Section offers a full schedule of committee midwinter / midyear meetings. These are great opportunities become involved in a committee's work, network with peers, and earn CLE credit. Visit the Section calendar of events or the Section Committees pages to find your special committee meeting. Great learning, fun, and camaraderie await you--we hope you will join us!

ERR Gives Back ... story and photos>>

Now Available: New Supplements to Two Employment Law Treatises!

Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition, 2012 Cumulative Supplement

This treatise provides comprehensive coverage of the issues that arise regarding competition in the employment context on a state-by-state basis in an easy-to-use, question-and-answer format. Two main types of actions analyzed in Tortious Interference in the Employment Context are: where there is a contract, tortious interference with that contract; and where there is no contract or the contract is unenforceable, tortious interference with commercial relationships or with prospective economic advantage/expectancies.

Using a uniform outline, the treatise examines--for each state--the elements of these two causes of action, the defenses that may be successfully raised, and the types of relief available. The 2012 Cumulative Supplement contains expanded discussion of conduct found to constitute tortious interference, defenses, and relief available for tortious interference.

This treatise is published in cooperation with the Committee on Employment Rights and Responsibilities.

Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition, 2012 Cumulative Supplement

This treatise is a meticulously researched reference detailing, by state, the recognition and understanding of this body of law, including prohibited and permitted conduct; litigation issues; and the availability of injunctive relief, damages, and defenses. It provides analysis of conduct that breaches and conduct that does not breach the employee duty of loyalty. Extensive discussions of state law, divided into categories of employee--from "mere employees" to "officers and directors"--show how the duty of loyalty is applied depending on the level of responsibility an employee has within an organization.

The Fourth Edition includes finding lists and detailed chapter contents, appendices containing relevant Restatement excerpts, extensive quotations from court cases, and cross-references to other titles in the State-by-State Survey Series. The 2012 Cumulative Supplement provides updates on and expands the discussion of various types of conduct found to breach the duty of loyalty, available defenses, and relief available for breaches.

This treatise is published in cooperation with the Committee on Employment Rights and Responsibilities.

Section members are entitled to significant discounts on this and other Section treatises published by ABA/Bloomberg BNA, including the following recent new publications: Elkouri & Elkouri: How Arbitration Works, Seventh Edition, Employment Discrimination Law, Fifth Edition, and the 2012 Supplement to Trade Secrets: A State-by-State Survey, Fourth Edition.

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