On January 22, 2009, President Obama signed the Lily Ledbetter Fair Pay Act of 2009. In an Emerging Issues Analysis, N. Pete Lareau summarizes the facts and holding of the Supreme Court's Ledbetter decision and examines the new law, what it is intended...

There is widespread concern among employers and their counsel that the Employee Free Choice Act will be signed by President-elect Obama in the first quarter of 2009. The EFCA will significantly amend the National Labor Relations Act, which is the federal...

On Oct. 9, 2008, President Bush signed Michelle’s Law, which amends ERISA, the Internal Revenue Code and the Public Health Service Act. The law prevents group health plans from cancelling coverage of dependents who are students, for up to one...

When you are assigned your first employment discrimination case, there are definitely specific considerations that you should keep in mind. The following checklist addresses several nuances of this practice area and also provides a general overview of burdens...

In 2007, the Florida Legislature enacted Fla. Stat. § 741.313 (2007), entitled Unlawful Action Against Employees Seeking Protection. Section 741.313 requires employers in Florida with 50 or more employees to grant domestic violence victims up to three...

In an Emerging Issues Analysis, Professor Jayne Zanglein analyzes the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), signed into law by President Bush on December 23, 2008.  The WRERA provides relief to workers, employers, and retirees...

An issue that has plagued the Supreme Court in the past is whether and in what circumstances a Title VII plaintiff may state a claim for relief based on present day harm suffered as the result of the lingering effects of discriminatory acts that occurred...

Adopting a broader test for retaliation under Title VII than had previously existed in many federal judicial circuits, the Supreme Court of the United States in Burlington Northern v. White concluded that a plaintiff may establish retaliation under Title...

Following what lawyers describe as a growing trend in class action overtime litigation, thousands of pharmaceutical representatives are suing eight major drug companies. These lawsuits are the latest in a series of class actions seeking overtime pay from...

In his Expert Commentary on Notice in Unforeseen Leave Cases, Darrell VanDeusen, author of the LexisNexis treatise on the Family and Medical Leave Act, reviews the approach that the Seventh Circuit is taking in addressing notice issues. Following are excerpts...