LEL Flash | Issue: May 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: May 2014

Comments from the Chair

Photo of Joel D'AlbaMidwinter Meeting Road Trip Ends in Israel

The Section Chair's visits to a number of the 2014 Midwinter Meetings of the Section's standing committees ended in early May at the Midyear Meeting of the International Labor and Employment Law Committee in Tel Aviv, Israel, where the hotel served a cake to celebrate the Section. This is the third Midwinter Meeting to have featured a cake, depicted in the margin, which was prepared by the hotel to celebrate and thank the Section for planning such a successful trip to Israel.

This was truly a fabulous meeting and experience that combined learning about the culture of this very diverse country, its labor relations and its Labor Court. A number of multi-national companies have . . . [ more ]

Special Feature

A Dual Perspective on City-Mandated Paid Sick Leave Policies

Since 2006, several cities have enacted ordinances requiring employers to provide a specified number of paid sick days per year to employees who have some level of work activity in those cities. To date, San Francisco; Seattle; Portland, OR; Long Beach, CA;1 New York City, Jersey City and Newark,2 NJ; Philadelphia;3 and Washington, D.C., plus the state of Connecticut have passed mandatory paid sick leave laws. Although these laws vary--some apply only to larger employers, or require the provision of unpaid, rather than paid sick days for smaller employers--they generally provide anywhere from five to fourteen paid sick days per year for employees to care for themselves or a dependent family member.

At the same time, ten states (Georgia, Wisconsin, Louisiana, North Carolina, Tennessee, Massachusetts, Kansas, Indiana, Florida, and Arizona) have adopted laws that prohibit local governments from passing paid sick leave laws. Fourteen other states are considering similar bans. [ 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 4 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:

Vice Chairs
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 2014:

Brenda Sutton-Wills, Union & Employee, Chair

Virginia Hardwick, Employee, Member

George Washington, Oak Hills, VA - Employer, Member

Section Development Fund

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 27. Fellowships are announced following the ABA Annual Meeting in August.

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


Three Important Updates Now Available!

Workplace Data: Law and Litigation
This treatise provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today's discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.
Workplace Data addresses relevant issues such as workplace-related e-discovery; discovery issues associated with ESI from an employment law perspective, including preservation, spoliation, attorney-client privilege, and working with IT professionals; a comprehensive analysis of data retention requirements in federal labor and employment law statutes; privacy and discovery issues associated with social media and devices owned by either the employer or employee; and international workplace-related data protection privacy laws.

This treatise is published in cooperation with the Committee on Technology in the Practice and Workplace.

The Railway Labor Act, Third Edition, with 2014 Cumulative Supplement

This volume helps characterize the nature of a union–management dispute and identify how to pursue party interests. This complete resource on the structure and case law of the Railway Labor Act (RLA) incorporates the perspectives of management, union, and neutrals into a text comparable to the ABA/BNA treatise The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act in precision, scope, and ease of use.

The 2014 Cumulative Supplement contains citations and discussion of notable judicial, administrative, and legislative developments between July 1, 2012, and June 30, 2013, including appellate court decisions highlighting the deference courts give to arbitration awards; the NMB's new 50 percent showing of interest requirement for merger transactions, adopted in response to the RLA amendments passed as part of the Federal Aviation Administration Modernization and Reform Act of 2012; NMB craft or class determinations; court decisions addressing the scope of self-help under the RLA; and court decisions concerning whether and under what circumstances the RLA may preclude claims based on other federal laws or preempt state law claims.

This treatise is published in cooperation with the Railway and Airline Labor Law Committee.

Wage and Hour Laws: A State-by-State Survey, Second Edition, with 2013 Cumulative Supplement

This treatise provides analyses of state statutes and the regulations, wage orders, and court cases interpreting and applying the laws. This treatise covers all 50 states, plus the District of Columbia and Puerto Rico, jurisdiction by jurisdiction, and addresses such state wage and hour law issues as minimum wage and overtime; timing, place, and manner of payment to employees; mandatory payments in addition to overtime; prohibitions on hours worked and mandatory leave; enforcement and remedies; special litigation issues; common law wage and hour actions; attorneys' fees litigation; liens specific to unpaid wages; and defenses unique to state wage and hour litigation.

The 2013 Cumulative Supplement addresses new state wage and hour law developments, including a California Court of Appeals holding that the minimum wage attaches to and must be paid for each separate hour of work; a federal court holding that the fluctuating workweek method of computing overtime is not allowed under the Pennsylvania Minimum Wage Act; in Connecticut, an agreement that an employee's right to a commission ceases upon termination is held to be void as against public policy; a federal court holding that the Indiana Wage Payment laws regarding timely payment of wages apply to federal employees; and the imposing of significant statutory obligations in Massachusetts specific to temporary staffing companies.

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

Section Webinars

June 5
Employee Benefits in Mergers and Acquisitions

June 25
Same-Sex Marriage and LGBT Workplace Rights at the Crossroads

July 9
NLRB Update: The Impact of Noel Canning, Proposed Representation Rules and Other Developments

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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