NLRB Continues to Defy Courts on Issue of Class Action Waiver
11/21/14
By: Nina Maja Bergmar
On October 28, 2014, the National Labor Relations Board (NLRB) stubbornly reiterated its stance that pre-employment arbitration agreements with class and collective action waivers are unlawful.
In Murphy Oil USA, Inc.,[1] the Board …
After-School Drumming is Not a Nuisance (at least in New Jersey)
11/17/14
By: Wayne S. Melnick
As both an attorney and a drummer, this one caught my attention. Following a bench trial in Traetto v. Palazzo, a New Jersey judge recently ruled that a teenage drummer’s occasional afternoon practice …
Court Hears Oral Argument in Closely-Watched Yelp Defamation Case
11/14/14
By Matt N. Foree
Business owners and free speech advocates are anxiously awaiting a Virginia Supreme Court ruling in the Yelp, Inc., v. Hadeed Carpet Cleaning defamation case. In this matter, the owner of a carpet cleaning company …
Playing Offense in Defense of Disability Discrimination
11/10/14
By: Lisa Gorman
One of the biggest challenges facing California employers today is the underperforming employee with a disability. Under the Fair Employment and Housing Act (“FEHA”), a “disability” is any physical or mental impairment that limits a major …
Recent Litigation Reminds Employers to Review Background Check Forms
11/7/14
By: Amy Combs Bender
As most employers are aware by now, many federal government agencies are scrutinizing background check practices on job applicants and employees. As FMG reported in its July 2014 issue of LawLine, the EEOC and the Federal …
Stacking Up the States on Medical Malpractice Payments
11/3/14
By: Michael Eshman
The National Practitioner Data Bank published a state-by-state chart of medical malpractice adverse actions and payments over a 10 year period from 2003-2013. In Georgia, for instance, there were 3,392 medical malpractice payments out of approximately …