November and December


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Message from the Labor and Employment Law Section Chair
As the chair of the Labor and Employment Law Section, I am proud to present to readers this issue of The Federal Lawyer, which focuses on labor and employment law. The heart and soul of our section are its members and this issue is a perfect example. The issue was made possible by the members of our section, who contributed the articles that you will surely enjoy.


My Sandbox or Yours? Enforcement of Forum-Selection Clauses in Employment Agreements
Even though it is well settled that forum-selection clauses are enforceable in the admiralty, commercial, and international litigation contexts, the question remains as to whether these clauses will be enforced in employment cases, particularly in cases where statutory claims of discrimination or retaliation have been asserted.
Navigating the Genetic Information Nondiscrimination Act of 2008
An outline of the central provisions of Title II of The Genetic Information Nondiscrimination Act of 2008.
An Overview of the Anti-Retaliation Provision in the New Patient Protection and Affordable Care Act
Section 1558 of the New Patient Protection and Affordable Care Act created a cause of action for retaliation to be used by any employee who has been discharged or in any manner discriminated against with respect to his or her compensation, terms, conditions, or other privileges of employment because of the employee’s involvement with the PPACA.
Rulemaking and Inflatable Rats: NLRB’s Proposed Changes to Election Rules and Significant Board Decisions in 2010–2011
Since the NLRA was enacted in 1935, the NLRB has amended its rules related to representation cases at least three dozen times. These proposed reforms of R-case procedures represent the board’s latest effort to improve the service it provides to the public.
The ADA Amendments Act Three Years After Passage: The EEOC’s Final Regulations and the First Court Decisions Emerge at Last
What are the new developments in the Employment Opportunity Commission regulations that took so long to be finalized? How are courts deciding the first of the cases to reach rulings on motions to dismiss and for summary judgment? Are ADA cases getting easier for plaintiffs?