LEL Flash | Issue: June/July 2014

FLASH header

Flash Co-Chairs: Jeremy J Glenn, Meckler Bulger et al | | Monique R. Gougisha, Ogletree Deakins | Amy F. Shulman, Broach & Stulberg LLP | Jennifer R. Spector, National Labor Relations Board

Issue: June/July 2014

Comments from the Chair

LEL Section's International Committee Midyear Meeting and Technology Symposium Highlights

The May 2014 edition of The Flash focused on the historic and cultural significance of the religious sites visited by members of the Committee on the tour in Jerusalem. Additional photos of those sights appear here in the margin, and they are scenes from the Church of the Holy Sepulchre, the church identified in the New Testament as the place both of the crucifixion and the Tomb of Jesus of Nazareth. This church has long been a major pilgrimage center for Christians all around the world. The Church of the Holy Sepulchre contains the tomb of Christ and itself is the holiest Christian site in the world.

The three primary custodians of the Church, first appointed when Crusaders held Jerusalem, are the Greek Orthodox, the Armenian Apostolic and Roman Catholic churches. In the 19th Century, the Coptic Orthodox, the Ethiopian Orthodox, and the Syrian Orthodox acquired lessor responsibilities, which include shrines and other structures within and around the building. A complex agreement regulates the times and places of worship for each church . . . [more]

Special Feature

U.S. Supreme Court Strikes Down Agency Fees Required from Illinois In-Home Care Personal Assistants

The State of Illinois, like many other states, has programs administered by the Department of Human Services to provide in-home care for individuals who are disabled. This care consists of duties such as household tasks, shopping, providing personal care, performing incidental health care tasks and monitoring to ensure the health and safety of the client. The Home Services Program (also referred to as the "Rehabilitation Program"), run by the Division of Rehabilitation Services, and the Home Based Support Services Program (also referred to as the "Disability Program"), administered by the Division of Developmental Disabilities, are similar in that the care services are provided by personal assistants who are typically selected and trained by either the patient or a family member, but are compensated by the State at a fixed rate with funds from the Medicaid Program. In a number of cases, the personal assistant is . . . [more]



Supreme Court Cases: 2013-2014

This term, the Supreme Court addressed a variety of issues relevant to labor and employment practitioners. Many of the Court's opinions dealt with employee anti-retaliation protections. In Lane v. Franks, No. 13-483, - U.S. -, 2014 WL 2765285 (2014), the Court decided a case involving the First Amendment rights of a public employee to be free from retaliation when testifying in court. In Lawson v. FMR, - U.S. -, 134 S.Ct. 1158 (2014), the Court addressed the reach of whistleblower protections to contractors for public companies.

The Court also addressed a seemingly mundane issue with wide ranging implications in Sandifer v. U.S. Steel, - U.S. -, 134 S.Ct. 870 (2014). The Court determined whether "clothes," for the purposes of the Fair Labor Standards Act, included . . . [more]



The Minimum Wage: An Ongoing Debate

The debate over whether to raise the minimum wage has garnered national attention for more than a year now. Fast food workers around the country have gone on strike, federal and state legislators have considered a variety of bills, and President Obama has mentioned the issue in his last two State of the Union addresses.

Yet despite all this attention, the federal minimum wage has remained stagnant since 2009. How to explain this deadlock? One might chalk it up to simple divisions in the electorate. But that's apparently not it. At last count, roughly three-quarters of Americans now favor raising the wage to $10.10 an hour.1

What, then, is going on? [more]

Registration Is Open!

conference logoThe 8th Annual Labor and Employment Law Conference will be held from November 5-8, 2014 at the J.W. Marriott Hotel Los Angeles at L.A. LIVE. We will have the features that made our previous Annual Conferences so successful, as well as networking technology options and hands-on help to facilitate your participation in the Conference's technology offerings.

At this year's Conference, you can expect:

  • Prominent speakers participating on exciting and balanced panels
  • A full year's worth of CLE credit at a price that cannot be beat
  • A multitracked curriculum covering all aspects of your labor and employment law practice
  • A multilevel program that will be of value regardless of your degree of experience
  • Opportunities for you to meet with colleagues representing all perspectives in the labor and employment arena

As you look through the schedule, you'll see the broad range of issues that will be covered, addressing all aspects of the labor and employment law arena. Please make plans to attend the Conference and encourage a colleague to join you.

Register now and benefit from early registration fees that disappear after September 12.

National Labor Relations Act Essentials

A Webinar Sponsored by the ABA Section of Labor and Employment Law


  • Bryan T. Arnault, Blitman & King LLP
  • Amy Jo Zdravecky, Franczek Radelet, Partner


  • Paul J. Murphy, Harmon Curran Spielberg & Eisenberg LLP

While the National Labor Relations Act is one of the oldest federal employment-related statutes, the developing law under the NLRA is as dynamic as ever. This fundamentals program will introduce attorneys to the field of traditional labor law, and its application to both union and non-union employment settings.

Our distinguished panel of union and management advocates and an NLRB official will provide a broad overview of the NLRA, discussing the following topics:

  • The purpose of and coverage under the NLRA
  • Enforcement of the Act and the structure of the NLRB
  • Employee rights to engage in protected concerted activity
  • Representational activity, including how bargaining representatives are selected
  • Collective bargaining and the duty to bargain
  • Employer and Labor Organization unfair labor practices

Three Important Updates Coming Soon!

Employment Discrimination Law, Fifth Edition, with 2014 Supplement (Due Summer 2014)
For more than 35 years, this volume has been the definitive treatise in this complex and highly detailed area of law. The Fifth Edition provides updated analysis of changes and significant new developments, including updates on EEOC Administrative Processes and Federal Contractor Affirmative Action Compliance.

The 2014 Supplement includes analysis of several significant Supreme Court decisions issued in 2013, including Vance v. Ball State University, addressing the issue of whether the Farragher/Ellerth affirmative defenses apply to instances of harassment perpetrated by co-workers who are not truly "supervisors" of the victim; Fisher v. University of Texas at Austin, revisiting the issue of affirmative action as applied to school admission policies; and University of Texas Southwestern Medical Center v. Nassar, considering the issue of whether its rejection of mixed-motive analysis of age discrimination cases brought under the ADEA, as held in Gross v. FBL Financial Services, Inc., should be extended to Title VII retaliation cases.

This treatise is published in cooperation with the Committee on Equal Employment Opportunity Law.
The Uniformed Services Employment and Reemployment Rights Act, with 2014 Cumulative Supplement (Due Summer 2014)

This volume provides a comprehensive analysis of the complicated issues involved with the application and enforcement of this law. The treatise is edited by practitioners who represent both employers and employees, providing a balanced view of the issues.

The 2014 Cumulative Supplement includes decisions by various courts on the question of how to apply the "escalator principle" and "reasonable certainty" standards to non-automatic, "discretionary" positions; which positions would be considered of "like status" for purposes of reinstatement; the scope of employer defenses to reinstatement and the burden of proving these defenses; and the scope of the employer's burden of proof on summary judgment when asserting the affirmative defense under the motivating factor test.

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

Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I, with 2014 Cumulative Supplement and Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume II, with 2014 Cumulative Supplement (Due Summer 2014)

These volumes explore the differences between the U.S. and foreign countries in regulating noncompetition and nonsolicitation provisions and in imposing restrictions related to confidential information and trade secrets. Each country-specific chapter is written by highly regarded local lawyers and examines applicable country laws, international conventions, and treaties.

The 2014 Cumulative Supplement to Volume I offers updates on the Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, the Netherlands, Poland, and the United Kingdom. The 2014 Cumulative Supplement to Volume II offers updates on Australia, Brazil, Canada, China, Hong Kong, India, Indonesia, Malaysia, New Zealand, Saudi Arabia, Singapore, South Africa, Taiwan, and Vietnam.

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

For a complete listing of Section titles and discounted prices and to order, visit the Bloomberg BNA book division website.

Section members are entitled to significant discounts on this and other Section treatises published by ABA/Bloomberg BNA, including the following best-selling titles: Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition and Employee Duty of Loyalty: A State-by-State Survey, Fifth Edition.

Upcoming Webinars

July 30
National Labor Relations Act Essentials

Be sure to check ABA Journal of Labor and Employment Law and Labor and Employment Law News archives for more news and reports. The current issue is always on top.

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