Saturday, December 24, 2011

NLRB Delays Notice Posting Rules Again

NLRBIt's deja vu all over again.  Two-and-one-half months after delaying impementation of the notice posting requirement to January 1, 2012, the NLRB has just announced another delay--to April 30.  This time, according to the Board's announcement, the delay was made upon the request of the district court consider a legal challenge to the requirement.  I'm not sure whether that request indicates the way the court thinks it will rule, but I guess we'll find out soon enough.




December 24, 2011 in Labor and Employment News, Labor Law | Permalink | Comments (1) | TrackBack (0)

Wednesday, December 21, 2011

NLRB Officially Adopts Election Rules

NLRBAs anticipated, the NLRB has now officially published the abbreviated set of new election rules.  The rules will go in the Dec. 22 Federal Register and will become effective on April 30, 2012.  From the Board's announcement:

The rule is primarily focused on procedures followed by the NLRB in the minority of cases in which parties can't agree on issues such as whether the employees covered by the election petition are an appropriate voting group. In such cases, the matter goes to a hearing in a regional office and the NLRB Regional Director decides the question and sets the election. 

Going forward, the regional hearings will be expressly limited to issues relevant to the question of whether an election should be conducted. The hearing officer will have the authority to limit testimony to relevant issues, and to decide whether or not to accept post-hearing briefs.

Also, all appeals of regional director decisions to the Board will be consolidated into a single post-election request for review. Parties can currently appeal regional director decisions to the Board at multiple stages in the process.

In addition, the rule makes all Board review of Regional Directors’ decisions discretionary, leaving more final decisions in the hands of career civil servants with long experience supervising elections.

You can find the final rule here, and a summary of the amendments here.  The Board also provided a nice comparison of the old and new rules.


December 21, 2011 in Labor and Employment News, Labor Law | Permalink | Comments (0) | TrackBack (0)

Comparative/Int'l News


Steve Willborn (Nebraska) sends notice of several developments for folks interested in comparative and international labor law:


  • Guy Davidov from the Hebrew University of Jerusalem has started a new organization of labor law academics, the Labour Law Research Network.  One nice thing he’s done is to establish a website which contains articles and events from around the world.
  • Three international labor groups are in the process of establishing another website which will contain periodic updates on labor developments from around the world.  It will be much like this site, but with a focus on international and comparative labor law.  The site will also contain an index to labor law articles from around the world. The three cooperating groups are the US and Canadian Branches of the International Society for Labor and Social Security Law and the International Association of Labor Law Journals.  Watch for it in the near future.  Steve will post notice of its launch here.
  • If you’re a younger scholar and have a piece close to ready to go, you might think of cross-pollinating with the American Society of Comparative Law.  They are inviting papers from young scholars for their conference next April 20 at the George Washington Law School. The submission deadline is February 15, 2012. Information can be found here.


December 21, 2011 in International & Comparative L.E.L. | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 20, 2011

WFRN Preliminary Conference Program Available

WFRN_logoFriend of the blog Marcy Karin (Arizona State) writes to let us know that the Work and Family Researchers Network or WFRN (formerly the Sloan Work and Family Research Network) has released the program for its inaugural conference. The WFRN

is an international membership organization of interdisciplinary work and family researchers. The WFRN also welcomes the participation of policy makers and practitioners as it seeks to promote knowledge and understanding of work and family issues among the community of global stakeholders.

The WFRN facilitates virtual and face-to-face interaction among work and family researchers from a broad range of fields and engages the next generation of work and family scholars. As a global hub, we provide opportunities for information sharing and networking via our website, which includes the only open access work and family subject matter repository, the Work and Family Commons

The inaugural conference is this June in New York City and features over 600 speakers from thirty countries. a quick glance at the program reveals that amont them are Joan Williams (UC Hastings), Nina Pilard (Georgetown), Beth Burkstrand-Reid (Nebraska), Michelle Travis (San Francisco), Robin Runge (North Dakota), Keith Cunningham-Parmeter (Willamette), Deborah Widiss (Indiana-Bloomington), Melissa Hart (Colorado), Ruth Milkman (CUNY, Sociology) and Marcy Karin (Arizona State).

It looks like a great conference and a great organization to become involved with for anyone working on these work and family issues.


December 20, 2011 in Conferences & Colloquia, Faculty Presentations, Scholarship, Worklife Issues, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Santa Sacked in Holiday Layoffs

SantaFrom Psychology Today:

Silverwoman Sacks Private Equity Fund has signed a definitive agreement for a leveraged buyout of North Pole Enterprises for $300 billion.

In a letter to investors, the private equity firm noted some cost efficiencies they expected to achieve in North Pole operations. Instead of hiring seasonal Santa Clauses for department stores each year, Silverman Sacks plans to have nice boys and girls email their Christmas wish list. They will ship all toys via Amazon and sell the reindeers to zoos. 

S&P analysts immediately upgraded North Pole Enterprises from "Sell" to "Buy". In a note to investors, analyst John Elf wrote that he expects significant savings in labor costs. Santa is to be laid off and the elves will be let go.

President Obama asked Congress for a $2 trillion appropriation to bailout Santa, but the Republicans refused to go along.  They said Santa is an illegal immigrant.


December 20, 2011 in Labor and Employment News | Permalink | Comments (0) | TrackBack (0)

Recently Published Scholarship: SLU L.J.


Saint Louis University Law Journal
Volume 56, Number 1 (Fall 2011)



  • April G. Dawson, A Next Step in Health Care Reform: Ensuring the Protection of Employee Rights Under the Family and Medical Leave Act, p. 1.
  • Marcia L. McCormick, Federal Regulation and the Problem of Adjudication, p. 39.
  • Robert J. Tepper and Craig G. White, Workplace Harassment in the Academic Environment, p. 81.
  • Kerri Lynn Stone, Shortcuts in Employment Discrimination Law, p. 111.

Current Scholarship:

  • Sara Slinn and William A. Herbert, Some Think of the Future: Internet, Electronic, and Telephonic Labor Representation Elections, p. 171.
  • Alek Felstiner, Grappling with Online Work: Lessons from Cyberlaw, p. 209.
  • Richard A. Bales, A Data-Driven Snapshot of Labor and Employment Law Professors, p. 231.


  • Nathan K. Bader, Hats Off to Them: Muslim Women Stand Against Workplace Religious Discrimination, p. 261.


  • Michelle M. Rich, The Delinquent State: Illinois and Compliance with Workers' Compensation Judgments, pg. 301.
  • Michael C. Ross, Blow the Whistle at Your Own Risk: ERISA's Retaliation Provision and the Dilemma of the "Unsolicited Internal Complaint", p. 331.


December 20, 2011 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, December 19, 2011

NPRM re FLSA Coverage for Home Care Workers

WhdThanks to Kenneth Shiotani (National Disability Rights Network) for sending us this link to the Notice of Proposed Rulemaking for President Obama's proposal to provide home care workers FLSA coverage for both the minimum wage and overtime.  The NPRM is from the DOL’s Wage and Hour Division website.


December 19, 2011 in Wage & Hour | Permalink | Comments (2) | TrackBack (0)

RFP Warns Institute at Louisville

UlAriana Levinson (Louisville) sends a request for proposals to speak at next summer's Twenty-Ninth Annual Carl A. Warns Jr. Labor & Employment Law Institute.  I spoke at this event last year; it atracts a fantastic group of both speakers and attendees.  Here are the details:

The Twenty-Ninth Annual Carl A. Warns Jr. Labor & Employment Law Institute invites you to submit a proposal to speak on a labor law or employment law topic.  We are accepting proposals on important or cutting-edge developments on issues that are relevant to practitioners. Some suggested topics are: wage and hour issues involving independent contractors and the Internal Revenue Service, the Dukes decision and class actions in employment law, and issues involved in advising those engaged in non-traditional service relationships, rather than traditional employment relationships, about their contracts. 

The Institute will take place on June21 & 22, 2012, at the Downtown Marriott in Louisville, Kentucky.  Attendees will be a nice blend of practitioners, public servants, and professors.  If you are unfamiliar with Louisville, it is a great place to spend a few days.

Proposals must be submitted by midnight Friday, December 30.  Based on your proposal, you may receive an invitation to speak at the Institute.  Speakers at the Institute will also have the opportunity to submit a manuscript that will be published in the University of Louisville Law Review Warns Institute Colloquium Issue, subject to space availability, a review of quality, and entrance into and compliance with the University of Louisville Law Review Author Agreement.  Manuscripts will be due March 1, 2011.  Selection of manuscripts for publication will occur in April.  All speakers must ultimately have some type of written material, such as an outline, article, or work in progress to include with the conference materials. 

Please submit your proposals to Ariana Levinson and copy Elisabeth Fitzpatrick.  There is no page limit or standard format for proposals although a short succinct proposal is preferred.  You are welcome to send draft manuscripts in addition to your proposal, if you desire.


December 19, 2011 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

LEL a "Hot" Practice Area, Once Again

FireThe legal marketplace may stink generally, but students with an interest/focus on labor/employment law have a leg up.  The National Jurist, describing the results of the Robert Denney Associates Annual Market Report on the legal profession, says that the following are the hottest practice areas now: Banking, Health Care, Energy, Intellectual Property, White Collar Crime, Regulatory work, Financial Services, Cyber Crime, Labor & Employment law, and Immigration.  This is at least the second year in a row that LEL has been "hot".


December 19, 2011 in Teaching | Permalink | Comments (0) | TrackBack (0)

Louis Jackson Competition Deadline Approaching

Jl Ck

Marty Malin (Chicago-Kent) sends this reminder:

As you sit there grading those seminar papers, I’d like to remind you of the Louis Jackson Memorial National Law Student Writing Competition in Employment and Labor Law....  Entries are due January 17, 2012.  Entries are blind-judges by a national panel of labor and employment law professors.  (If you are interested in serving in future years, drop me a line.)  First place is $3,000; two second place awards of $1,000 each.  Additional information is available here.  So, as you come across good papers, please encourage the students who wrote them to enter them in the competition.


December 19, 2011 in Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Interior Argues NLRB Not Applicable to Indian Tribes

SagIn this letter, Patrice Kunesh (Department of Interior / Office of Solicitor / Deputy Solicitor - Indian Affairs) argues that the National Labor Relations Act does not apply to Indian tribes.  Hat tip:  Matthew Fletcher's Turtle Talk


December 19, 2011 in Labor Law | Permalink | Comments (0) | TrackBack (0)

Recently Published Scholarship


  • Kathleen Clark, Ethics, Employees and Contractors: Financial Conflicts of Interest in and out of Government, 62 Alabama L. Rev. 961 (2011).
  • Susan T. Fiske & Eugene Borgida, Standards for Using Social Psychological Evidence in Employment Discrimination Cases, 83 Temple L. Rev. 867 (2011).
  • Amy L. Wax, Supply Side or Discrimination? Assessing the Role of Unconscious Bias, 83 Temple L. Rev. 877 (2011).
  • Sarah Rudolph Cole, On Babies and Bathwater: The Arbitration Fiarness Act and the Supreme Court's Recent Arbitration Juriprudence, 48 Houston L. Rev. 457 (2011).


December 19, 2011 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Kolinsky: Broaden Sex-Plus to Include Mothers

KOLINSKY_HHeather Kolinsky (Barry) has just posted on SSRN her article (36 Vermont L. Rev. 329) Taking Away an Employer's Free Pass: Making the Case for a More Sophisticated Sex-Plus Analysis in Employment Discrimination Cases.  Heather argues for a broader interpretation of sex-plus theory to encompass the concept of mother as a gender identified category.


December 19, 2011 in Employment Discrimination, Scholarship | Permalink | Comments (0) | TrackBack (0)