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The Labor and Employment Law Implications of the Four 2009-2010 Supreme Court Arbitration Decisions: Revolution, Evolution or Much Ado About Nothing?-Additional Materials (14 pp) (relevancy score: 100%)

by Marley Weiss
from Employment Law Update: Fall 2010 (September 21, 2010)

402 The Labor and Employment Law Implications of the Four 2009-2010 Supreme Court Arbitration Decisions: Revolution, Evolution or Much Ado About Nothing Marley S. Weiss Professor of Law University of Maryland School of Law The recent Supreme Court term produced four decisions regarding arbitration, three of which arose out of labor and employment law matters. at *20-21. Absent "clear and unmistakeable evidence" of an agreement to arbitrate arbitrability, the court should decide whether a ...

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Fair and Effective Evaluation and Feedback Across Difference (18 pp) (relevancy score: 100%)

by Mr. Scott A. Westfahl Verna L. Myers, Esquire
from Fair and Effective Evaluations and Feedback Across Difference: Maintaining Diversity and Inclusion in Your Organization (May 25, 2010)

3 Performance Evaluation and Feedback Systems 4 5 The Performance Evaluation System · Performance evaluation forms and tools· Gathering and compiling of data· Delivery of formal evaluations· Follow-up to evaluation· Contemporaneous feedback· Coordination of evaluation process with training, mentoring, work allocation, promotion systems Bias can occur in all aspects of the systemEven when systems are good there are gaps between design and implementation 5 Step1:Purpose and Importance of an ...

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Common Calibration Errors in Performance Evaluation (4 pp) (relevancy score: 100%)

by Mr. Scott A. Westfahl Verna L. Myers, Esquire
from Fair and Effective Evaluations and Feedback Across Difference: Maintaining Diversity and Inclusion in Your Organization (May 25, 2010)

20 2 21 Common Calibration Errors in Performance Evaluation Calibration errors: HR experts have identified several common calibration errors people make when writing evaluations. They skew results unfairly and put the firm at risk, so once you have written your first draft of an evaluation, review it for these biases: Calibration Error How to Avoid Contrast/Subjectivity Effect: Comparing a person's Apply the firm's development frameworks and resist performance against others comparing an ...

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Additional Case Citation - Staub v Proctor Hospital (4 pp) (relevancy score: 100%)

by
from Employment Law Update: Spring 2010 (April 20, 2010)

418 Additional Case Citation Staub v. Proctor Hospital, U.S. Supreme Court, 09-400, 560 F.3d 647 (7th Circuit, 2009) ALI-ABA 03/11/2010 STATE MCLE CONTACTS Alabama Delaware Iowa Mississippi Ms. Angela Parks Ms. Margot Millar Mr. Paul H. Wieck II Ms. Tracy Graves Director of Regulatory Programs Executive Director Executive Director CLE Administrator Alabama State Bar Commission on CLE of the Supreme Iowa Judicial Branch Mississippi Commisson on CLE 415 Dexter Avenue Court of Delaware ...

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Developments in Employment Discrimination Law (128 pp) (relevancy score: 100%)

by Barbara Berish Brown, Esquire
from Employment Law Update: Spring 2010 (April 20, 2010)

51 Anderson v. Family Dollar Stores of Ark., Inc., 579 F.3d 858, 107 FEP 157 (8th Cir. 87 -vi- 8 TABLE OF AUTHORITIES (continued) Page(s) Bradley v. Pizzaco of Neb., Inc., 7 F.3d 795 (8th Cir. 61 Czekalski v. LaHood, 589 F.3d 449, 108 FEP 1 (D.C. Cir. 2009) ..............................................................................57 Davey v. City of Omaha, 107 F.3d 587 (8th Cir.

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Health Care “Reform” Provides No Relief for Employers (8 pp) (relevancy score: 100%)

by Eric R. Keller
from Employment Law Update: Spring 2010 (April 20, 2010)

Existing health plans generally are "grandfathered," but grandfathered plans are exempt from only some of the new requirements. Effective for Plan Years Beginning after September 22, 2010 · IRC Section 105(h) nondiscrimination rules apply to insured health plans that are not Grandfathered Plans. To avoid its strictures, many employers with self-insured or self-funded health plans have covered executives under richer, fully-insured health plans, either on a stand-alone basis or through plans...

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U.S. Supreme Court Update 2008-2009 (10 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

138 -2009 Term April 20, 2010 -ABA Course of Study ALI 2008 Employment Law Update: Spring 2010 U.S. Supreme Court Update 139 P. 2 June 29, 2009 Ricci v. DeStefano 129 S. Ct. 2658; 2009 U.S. LEXIS 4945 140 't of P. 3 January 26, 2009 Nashville & Davidson County 129 S. Ct. 846; 2009 U.S. LEXIS 870 Crawford v. Metropolitan Gov 141 P. 4 May 18, 2009 Ashcroft v. Iqbal 129 S. Ct.

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U.S. Supreme Court Highlights: Ricci Developments (4 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

148 ALI-ABA Course of Study Employment Law Update: Spring 2010 April 20, 2010 U.S. Supreme Court Highlights: Ricci Developments Handout prepared by Robert B. Fitzpatrick, Esq. o New York Employment Law Blog, Federal Judge Rules that New York Fire Department Discriminates Against African-American and Latino Applicants, July 30, 2009, available at http://www.nyemploymentlawyer.com/2009/07/federal_judge_rules_that_new_y.html. o Employment Lawyer Blog, In Case That Bears Echoes of Ricci V. New ...

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Some Recent Retaliation Developments (10 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

153 Some Recent Retaliation Developments By Robert B. Fitzpatrick Retaliation under Title VII: Crawford v. Metro. 3 155 Some Recent Retaliation Developments By Robert B. Fitzpatrick Retaliation under Title VII (cont'd): · Other Recent Articles on Retaliation under Title VII: o Megan E. Mowrey, Discriminatory Retaliation: Title VII Protection for the Cooperating Employee, 29 Pace L. Rev. 4 156 Some Recent Retaliation Developments By Robert B. Fitzpatrick Retaliation under the FLSA ­ Verbal ...

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Alleged Employee Misconduct: Employer Claims and Counterclaims (22 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

w interprets suse w Computer Fraud and Abuse Act o an Empl - o an Empl David Johnson, Lori Bauman, Amy E. Bivens, Roy Ginsburg, · Applies t October 1, 2009, available at http://ww · 2009, available at narrowly ·David Johnson, Applies t September 24, 2009, available at http://www.digitalmedi · Insider Mi http://ww · http://www.quirkyemploym 168 ts refuse to pay compensation ties. , L.P., 344 F.3d 184 ( f par A New York State common law doctrine under Courts have gone so far O · employees for ...

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The Franken Amendment to the 2010 DOD Act (10 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM AND/OR RELATED TO TH 186 8116 to the § -Minn.) Amendment -118 (2009) Franken (D (S.Amdt. 2588), Department of Defense Appropriations Act of 2010 barring defense contractors from forcing employees with sexual assault and discrimination claims into arbitration. 111 E - th available online at Court for Defen available online at y 14, 2010, in n on -claims.html Alaska nt Law franken 't of Defense Appropriations Act Amendmen - ' law ...

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E-Discovery Opinions by Magistrate Judges Facciola and Grimm (4 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

Office of the President, 2007 U.S. Dist. LEXIS 97574 (D.D.C. July 29, 2008); · Peskoff v. Faber, 251 F.R.D. 59 (D.D.C. July 7, 2008); · D'Onofrio v. Sfx Sports Group, Inc., 247 F.R.D. 43 (D.D.C. Feb. 18, 2008); · Hubbard v. Potter, 247 F.R.D. 27 (D.D.C. Jan. 3, 2008); · Miller v. Holzmann, 2007 U.S. Dist. LEXIS 2987 (D.D.C. Jan. 17, 2007); · McDowell v. District of Columbia, 2006 U.S. Dist. LEXIS 46371 (D.D.C. Nov. 30, 2006); · Red Door Salons, Inc. v. Gomez, 2006 U.S. Dist. LEXIS 53477 (...

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The Lilly Ledbetter Fair Pay Act of 2009 (12 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

Excellence rne yer, based on th Held that plaintiff's claim y the retroactive application of Reversed and remanded the District Court's Lilly Ledbetter Fair Pay Act of ­ b nevertheless upheld the Distri emplo ­ discrimination claims as un application of the Act. , Inc. · 2009) (applying the Act to meth · 2009) (holding t timeliness of untimely claims outsid the Act does not employee f timely claims · (discussing the scope of the act plaintiff grounds). Co. limi Federal District Court ...

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Gross v. FBL Financial Services, Inc.: The Courts Begin to Apply the Decision (16 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

, Inc., 492 F.3d 447 (D.C. Cir. 2007); " , 's inclusion of a specific mixed 424 F.3d 1027 (9th Cir. In Title VII cases, courts, in light of the Civil Rights Act of 1991 provisions, have used mixed motive analysis. : The Courts Begin to Apply the Decision 10. Gross v. FBL Financial Services, Inc.

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New Whistleblower Protections for Government Contractors and Employees of State and Local Governments (58 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

· · · 244 in the reprisal 's protected " y constituting reprisal, 1553(c)(1)§ "contributing factor 's protected disclosure, or evidence that Burdens of Proof The complainant may meet this burden by use of circumstantial evidence, including evidence that the official undertaking the reprisal knew of the complainant the reprisal occurred within a period of time after the disclosure such that a reasonable person could conclude that the disclosure was a contributing factor in the reprisal. 1553(...

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Misclassification of Employees as Independent Contractors (14 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

Misclassification of Employees as Independent Contractors 292 ' Helpful available at includes: An 'compensation coverage " Florida Workers see t B. Fitzpatrick on industry employer, one or "Employee­ by Rober available at, employees, to provide workers Florida Statues Ch. · Independent Contractors available at http://www.law.com/jsp/ Misclassification of Employees as Independent Contractors 296 Bloomberg Employment available at t B. Fitzpatrick by Rober Richard B. Cohen & Barri ...

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Rule 35 Mental Exams (24 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

2 300 Rule 35 Mental Exams By Robert B. Fitzpatrick Others Present at Mental Exam (cont'd) · Presence of Plaintiff's Treating Physician or Mental Health Practitioner o Approved: Sanden v. Mayo Clinic, 495 F.2d 221 (8th Cir. 3 301 Rule 35 Mental Exams By Robert B. Fitzpatrick Plaintiff Can Sue Mental Health Practitioner Conducting Rule 35 Exam · In Harris v. Kreutzer, 624 S.E.2d 24 (Va. 2006), the Virginia Supreme Court approved a cause of action for medical malpractice against a psychologist...

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Social Media: Employer and Employee Concerns (16 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

Initial Inquiries · · · · · · Social Media: Employer and Employee Concerns 325 : Concerns 's Obligations 's Lawyer Social Media: Employer and Employee Duty to inquire regarding digital evidence, including Duty to take reasonable steps to assure that digital Improper to recommend to client that sites be taken Employee · Social Media sites. 's Counsel Social Media: Employer and Employee Upon receipt of notice of claim, immediately In all communications, reference duty to preserve In discovery,...

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Non-Competes, Non-Solicitation Clauses, and Computer Fraud and Abuse Act Claims (38 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

A law, a non-compete need Securitas Security , 2003 Mass. Super. LEXIS pete Slides Non-Com he Court found that Massachusetts law Non-Competes - n Next Generation Vending v. Bruno Super. 2002) Non-compete expires before employee is th Western Forms, Inc. v. Pickell (8 363 26 , 32 P.3d pete Slides Non-Com Judicial determination of breach or evidence of breach Jensen International, Inc. v. Kelley 1205 (Kan. 2001) 364 27 pete Slides claim? election ClauseS Non-Com Forum ­ In re AutoNation, Inc...

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Supplemental Recent Developments (44 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Spring 2010 (April 20, 2010)

Posted by Robert B. Fitzpatrick at 5:13 PM 0 comments Does Disparate Impact Analysis Apply to Federal Employee Discrimination Cases? Posted by Robert B. Fitzpatrick at 6:02 PM 0 comments FMLA: 9th Circuit Holds Judges to Decide the Amount of Front Pay In Traxler v. Multnomah County, 2010 U.S. App. LEXIS 4050 (9th Cir. Posted by Robert B. Fitzpatrick at 5:24 PM 0 comments Divided Fifth Circuit Holds that Gross Does Not Apply to Title VII Retaliation Claims In Smith v. Xerox Corp, 2010 U.S. ...

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