January/February

January/February

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Labor Law for the Employment Lawyer
To some employment lawyers, traditional labor law is a relic of a bygone era that they need not consider when evaluating workplace issues. This is a mistake. Labor law applies to union and non-union employers alike and with largely equal force. Employment lawyers with a working knowledge of the fundamental labor law concepts will become much-improved advocates for their clients.

Features

The Border Security, Economic Opportunity, and Immigration Modernization Act
An Overview of the Changes Employers May Expect Following Comprehensive Immigration Reform
Tackling the Challenges of Accommodating Pregnant Workers Under the Pregnancy Discrimination Act and the Americans with Disabilities Act
Knowing that the EEOC is posed to devote substantial time and resources to investigating (and litigating)pregnancy-related failure-to-accommodate claims, this article explores how courts have begun to address the issue in the context of pregnancy-related lifting restrictions and what obligations exist for employers to provide accommodations to pregnant employees under federal law.
Oh, What a Tangled Web We Weave When We Decipher Employee Leave
Advising employers on how to avoid getting caught in the everexpanding web of employee leave laws is both challenging and fraught with peril. However, while the web is indeed sticky, it leaves room for creativity that, combined with some oldfashioned common sense and a lot of forethought, can keep employers and their counsel from getting trapped.
Split Over the Use of the CFAA Against Disloyal Employees
In recent years, employers have used the Computer Fraud and Abuse Act (CFAA)’s focus on the issue of computer trespass against disloyal employees who take proprietary computer data to a competitor. However, lower courts are divided on the CFAA’s scope, and a circuit split has developed over interpretation of the CFAA on the question of authorized access.
The Use of Initial Discovery Protocols for Employment Cases Alleging Adverse Actions
Approximately 100 federal district court judges throughout the country are currently pilot testing the Initial Discovery Protocols for Employment Cases Alleging Adverse Actions in pending employment discrimination cases. Some federal district courts have adopted the protocols as part of their Local Rules, and some individual judges have implemented them as part of their "local" Local Rules.
Social Media and the NLRB
With employees’ social media use ranging from merely diversionary to defamatory, employers have struggled to keep pace. This article will examine the National Labor Relations Board’s recent activity in this complicated arena and provide suggestions for helping companies navigate the board’s evolving standards.
Judicial Errors That Magnify Presidential Power
As with any human institution, federal courts (including the Supreme Court) make errors. What happens if they are not corrected? Why should they continue to guide courts, the eleceted branches, and scholars? No matter how often repeated, an error remains an error and should not serve as a legitimate precedent.
An Indigent Plaintiff in the Federal Courts
The case of William David Burnside illustrates the barries that indigent plaintiffs face in the federal courts.