IN FOCUS
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Comments from the Chair Jim LaVaute
We received a letter from the New Orleans Public Library Foundation earlier this month, thanking the Section for our members’ success in reaching the contribution goal of $100,000 set by the Section Council some two years ago. Yes, it’s true – our Section contributed that amount of money to the effort to rebuild the New Orleans public libraries. The money has been and will be used for books and facilities, much of it focused on the needs of the young people of that... Read More
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ANNUAL CLE CONFERENCE PREVIEW
With nearly 1,000 individuals registered, excitement is building as the Section of Labor and Employment Law prepares to host its inaugural Annual CLE Conference November 7-10, 2007 in Philadelphia. As part of the multi-track program featuring national and international legal experts, the Section will offer participants the rare opportunity to observe oral argument before the National Labor Relations Board; to observe a mock trial of a sexual harassment lawsuit and hear appellate arguments before federal judges; and to gain valuable consulting guidance from attorneys representing all perspectives in the field on cutting-edge issues, such as technology, privacy, telecommuting, leaves of absence, retaliation, employee benefits... Read More
COMMITTEE SPOTLIGHT
Ethics and Professional Responsibility
The Ethics & Professional Responsibility Committee provides unparalleled coverage of the unique ethics issues faced by lawyers practicing in the fields of labor and employment law and employee benefits law. The Committee focuses on a broad range of issues, including conflicts of interest associated with representation of multiple clients; ex parte communications; trial publicity; employment practices liability insurance; spoliation of evidence and other abusive discovery tactics; arbitration and settlement; collective bargaining and other traditional labor law issues; multi-jurisdictional practice and the unauthorized practice of law; class actions and other multi-party litigation; the Sarbanes-Oxley Act and related confidentiality issues; the scope of attorney-client privilege and the work product doctrine in the representation of employee benefit plans; and other emerging ethics and professional responsibility issues.
Ethics and Professional Responsibility - Fall 2007 Newsletter
View Committee Homepage
HOT TOPIC
Toering Electric 351 NLRB No. 18
NLRB Limits Protection for Job Applicants to Those with a "Genuine Interest" in an Employment Relationship
In Toering Electric Co., 351 NLRB No. 18 (2007), the Board, in a 3-2 decision, ruled that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer to qualify as a Section 2(3) employee and, therefore be afforded protection against hiring discrimination based on union affiliation or activity. The Board explained, “one cannot be denied what one does not genuinely seek.” Further, the Board held that the General Counsel bears the ultimate burden of proving an applicant's genuine interest in seeking to work for the employer.
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E-ALERT
NLRB Modifies Recognition and Contract Bar Doctrines - Dana Corp., 351 NLRB No. 28 (Sept. 29, 2007)
In a much anticipated decision, the Board, in a 3-2 ruling, modified its recognition and contract bar doctrines as they relate to voluntary recognition by employers of labor unions. Given the diametrically opposed views expressed by the majority and the dissent, as well as current legislative efforts involving card-check and neutrality agreements, this decision will certainly be subject to intense scrutiny and debate in the coming months.
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SECTION HIGHLIGHTS
Section of Labor and Employment Law Newsletter
Published quarterly, the newsletter contains information on current Section projects, recent development and decisions, upcoming educational opportunities, new books, and other news that is of interest to Section members.
Save The Dates: 2008 Committee Midwinter Meeting Schedule
The Section’s midwinter meetings will be loaded with substantive programs on hot topics, current developments, and recent decisions, presented by experts in their respective fields. All committee midwinter meetings are eligible for CLE credit; some fulfill a year’s requirement in many states.
 Best of the 2007 Midwinter Meetings Teleconference Series
The Midwinter Meetings of the Standing Committees are the Section of Labor and Employment Law’s most concentrated source of substantive content.
The programs include: demonstrations of practical skills and techniques; panel discussions involving experts and judges; and scholarly, insightful papers reviewing recent developments. Now, the Section is offering these dynamic and insightful programs to members who could not attend the Midwinter Meetings. Beginning this fall, the Section will present eight CLE-accredited teleconferences based on some of the most highly-regarded and engaging sessions at the Meetings.
Anatomy of an Inspection: The Nuts and Bolts of an OSHA Inspection
Wednesday, November 14, 2007—1:00 PM - 2:30 PM Eastern
Event Code: CET7OSH
Employee References: Damned If You Do, Damned If You Don't
Wednesday, November 28, 2007—1:00 PM - 2:30 PM Eastern
Event Code: CET7ERR
Technology and Ethical Issues for Lawyers
Wednesday, December 12, 2007—1:00 PM - 2:30 PM Eastern
ETHICS CREDIT
Event Code: CET7TET |
ETHICS CORNER
Dissemblance Allowed in Civil Rights Investigations
Lawyers for civil rights plaintiffs have leeway to use investigators who employ dissemblance, according to a recent New York County Lawyers Association Committee on Professional Ethics opinion, NYCLA Formal Opinion No. 737 (5/23/07) (“NYCLA Opinion”), www.nycla.org/siteFiles/Publications/
Publications519_0.pdf. Under most circumstances, a lawyer may not engage in dishonesty, fraud, deceit, or misrepresentation. A lawyer is not only responsible for her own conduct, but for the conduct of lawyers and non-lawyers she supervises, and especially for conduct she directs or orders, has knowledge of, or ratifies. The NYCLA Opinion warns that a lawyer must keep these prohibitions in mind when hiring... Read More
NEWS
Section Selects Law Student Liaisons
The Council’s Law Student Outreach Task Force is proud to announce the appointments of two new student liaisons to the Employee Employment Rights and Responsibilities Committee (ERR) and the Employee Benefits Committee (EBC). Additionally, a student was reappointed for another term as liaison to the Equal Employment Opportunity Committee (EEO). These are highly competitive selections based on academic performance, student activities and demonstrated commitment to the discipline of labor...
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CALENDAR
Law Student Trial Advocacy Competition
November 03-04, 2007
Dallas, TX
November 03-04, 2007
Chicago, IL
November 17-18, 2007
Los Angeles, CA
November 17-18, 2007
Miami, FL
November 17-18, 2007
New York, NY
November 17-18, 2007
Washington, DC
Section of Labor and Employment Law Annual CLE Conference
November 7-10, 2007
Philadelphia, PA
22nd Annual National Institute on Compensation for Executives and Directors
November 12-13, 2007
New York, NY
Anatomy of an Inspection: The Nuts and Bolts of an OSHA Inspection
November 14, 2007
Webcast/ Teleconference
Full Section Calendar
PUBLICATIONS
Covenants Not to Compete:
A State-by-State Survey, Fifth Edition
Save 20% off the list price on this respected and authoritative three-volume treatise.
Get detailed guidance on the statutory and common law limits of covenant enforceability and the critical information you need to analyze, draft, and litigate with confidence all covenants not to compete and other restrictive covenants in the employment, partnership, franchise, and sale-of-business contexts.
Order Now
New 2007 Supplement
Save 60 % off the list price of this new Supplement.
The 2007 Supplement to Covenants Not to Compete contains expanded discussions of the consideration required for covenants not to compete entered into after the inception of employment; the types of post-employment restraints found to be reasonable and enforceable; the availability of judicial reformation of overbroad noncompetition covenants; covenant enforceability analysis in cases involving health care professionals; and the enforceability of noncompetes in the assignment context.
Order Now
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