September 2020 “Check-in” on Labor & Employment Developments: CSB, OSHA, Payroll Tax Deferral Via Executive Order, AI in Employee Selection
While the Trump Administration has not missed a beat in appointing federal judges, it has ignored (or worse) filling vacancies in administrative... Read More
Covid Conundrums, Fickleness of Agency Deference, Resisting Labor in a Pandemic, and Days of Armendariz-Are They Over?
From the Covid Desk: The United Mine Workers of American International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,... Read More
INEQUALITY & UNFREEDOM/Gorsuch’s Epic Systems and the Trump Epoch: Denial of Socio-Economic Reality and History & Refusal to Recognize the “Concerted Action” “Elephant in the Room”
SCOTUS Ignoring Reality in Lochnerian Revival Even Gorsuch’s[1] “statement of the issue” is fictive, having installed as false premise that the basic... Read More
Church Abuse of “Ministerial Exception”: “Good For The Goose”
A. Introduction Recently I have “vented” with other attorneys who have shared the experience of representing former parochial school teachers and administrators... Read More
REINHARDT WRITINGS RING TRUE
As we mourn the passing of the Ninth Circuit’s “liberal lion,” Judge Stephen Reinhardt, we should celebrate one of his last writings,... Read More
Saheli, EFASHA & “Unexpected Consequences”?
On March 14, 2018 in Saheli v. White Memorial Medical Center, 2018 DJ DAR 2413, the California Court of Appeal held that... Read More
The Bogus Jurisprudence of This Supreme Court Majority: A Look at Encino Motorcars v. Navarro
On April 3, 2018 the Supreme Court issued decision, rendered by Thomas, with, of course, the three lady justices and Justice Breyer... Read More
“Radium Girls,” Beryllium, and Silica Dust: Worker Safety Saga Continues as Trump Administration Weakens OSHA Enforcement
I am ashamed to say that only this past month did I only discover the history of The Radium Girls-The Dark Story... Read More
Klibanow Active in Media Colloquy on Employment Arbitration Class Waiver Controversy
Recently Ms. Klibanow was interviewed by legal reporter John Roemer and quoted in his November 24, 2017 Daily Journal article anticipating the... Read More
The “Persuader Rule,” Historical Underenforcement, U.S. Decline of Unions, and an International Prism
The “Persuader Rule,” Historical Underenforcement, U.S. Decline of Unions, And An International Prism. Publication of the Final “Persuader Rule ‘Advice’ Exemption and... Read More