Recent Posts
H-2B Program in Chaos: DOL’s Overreach Leads to Halt on Most Petitions
The H-2B visa program allows U.S. employers to bring foreign workers to the United States to perform temporary, unskilled, and non-agricultural work. Warm-weather employers across the country – including park districts, amusement parks, and landscaping companies – rely upon the ...
Customs & Border Patrol Announces New Paperless Form I-94, with Implications for Employers
On March 27, 2013, the Customs and Border Patrol (CBP) issued a final interim rule describing its plans for introduction of a new, electronic Form I-94 Arrival/Departure Record for use at sea and air ports of entry. The Form I-94 ...
School District Prevails in Title VII Retaliation Case Filed by Basketball Coach
A high school girls varsity basketball coach sued a school district for gender discrimination after the school failed to hire her as the boys varsity basketball coach. The court found in favor of the coach and ordered the district to ...
Plaintiff Can’t Avoid CAFA Removal by Stipulating to Damages Cap
A stipulation by a class-action plaintiff that he and the class will seek damages that are less than the threshold for jurisdiction under the Class Action Fairness Act of 2005 (CAFA) does not defeat federal jurisdiction under the Act.
On March ...
EEOC Findings Not Dispositive in Employee’s Discrimination Suit
Just because the EEOC finds that an employee was subjected to a retaliatory termination does not mean an automatic win in the courts. The plaintiff-employee in this case learned that the hard way.
In Sellers v. BNSF Railway, the employee claimed ...
Private Employee Has No Right to Pursue Pattern or Practice Claim; Thus, No Entitlement to Class Action Procedural Mechanism
The Second Circuit Court of Appeals issued its ruling today in the matter of Parisi v. Goldman, Sachs & Co. et al., No. 11-5229-cv (2nd Cir., Mar. 21, 2013)
In this case, the district court denied the employer's motion to ...
Citing “Legal Uncertainty” Caused by Recess Appointments, House GOP Members Introduce Bill to Halt All NLRB Activity
On March 13, 2013, GOP members of the House Education and the Workforce Committee introduced a bill intended to put a halt to all actions by the National Labor Relations Board pending resolution of the confusion caused by ...
Police Sergeant Engaged in Protected Activity When Complaining About Gender Inequality
Last month we reported to you the case of a public school principal whose First Amendment and retaliation claims were stricken by the Court due to the fact that she was not speaking as a private citizen, and thus, ...
Second Circuit Clarifies Burdens of Proof in Sarbanes-Oxley Whistleblower Cases
On March 5, 2013, the Second Circuit of the U.S. Court of Appeals issued its opinion in Bechtel v. Administrative Review Bd., U.S. Dept. of Labor and Competitive Technologies, Inc., Docket No. 11-4918-ag.
The Bechtel litigation arose from a factual ...
