One of the continuing concerns of labor and employment law practitioners is the decreasing number of law schools that offer courses in traditional labor law and the related lack of information to students about career opportunities. We've taken steps to help address these problems. The Section is continuing its efforts to support the teaching of labor law courses in law schools. In November, the Section approved participation with an organization of law school professors, The Labor Law Group, in developing curricula for use in law schools. Recently, Chair Elect Barbara Berish Brown and I appointed a task force of Section members to work with the professors on this project. Our members will help develop and write curricula, with an eye towards making sure that the course content includes due regard for day-to-day practice implications. This project is consistent with our Section's Outreach to Academicians efforts, with our efforts to increase their involvement in Section programming and activities.

For years, the Section has also sponsored our law school outreach program, by which groups of local lawyers make visits and presentations to law students, usually in the informal atmosphere of a free lunch for the students while lawyers from all sides of labor and employment law present information about the practice, opportunities in the field and activities of the Section available to students. This program has been successful for many years, but we need new presenters who can make initial and repeat visits to schools. In the past, we have had as many as 40 visits to schools during the year, but recent efforts have come up short of that number. This is a fun program to participate in and an opportunity to meet enthusiastic students. If you can contribute to these efforts, please contact one of the Outreach to Law School Student Task Force Co-Chairs, Joyce Margulies, Don Slesnick and Loretta Attardo, through the Section Membership and Marketing Assistant, Tracey Moore (mooret@staff.abanet.org).

Federal Express Corp. v. Holowecki, --- S.Ct.----, No. 06-1322, 2008 WL 508018 (U.S. Feb. 27, 2008)

Federal Express Corp. v. Holowecki, --- S.Ct.----, No. 06-1322, 2008 WL 508018 (U.S. Feb. 27, 2008), involved a claim of age discrimination brought by fourteen ( 14) current and former couriers over the age of forty against their employer, Federal Express Corporation ("FedEx"), under the Age Discrimination in Employment Act ("ADEA"). Id. at *4.

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Sprint/United Management Co. v. Mendelsohn, 128 S.Ct. 1140, No. 06-1221, 2008 U.S. LEXIS 2195, 2008 WL 495370 (Feb. 28, 2008)

A. Introduction

This case presents the question of the admissibility in employment discrimination cases of evidence from non-parties that they experienced discrimination by the same employer as the plaintiff, though the individuals doing the discriminating were different.

B. The Facts

Ellen Mendelsohn sued her employer, Sprint/United Management Company ("Sprint"), for age discrimination when it terminated her employment as part of a company-wide reduction in force.

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Introduction:

The Supreme Court recently changed course regarding remedies available to individual defined contribution plan participants. The Court held that ERISA permits a plan participant to bring an action under § 502(a) (2), 29 U.S.C. § 1132(a) (2), to recover losses to his defined contribution plan account that were caused by a breach of fiduciary duty.

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Note: On March 25, 2008, the Supreme Court decided Hall Street Associates, LLC v. Mattel, Inc. (No. 06-989) a case that addressed the propriety of arbitration-agreement terms fixing the mode of judicial review under the Federal Arbitration Act. An analysis of this decision will be forthcoming.

As a part of its Hot Topic series, the Flash will highlight at least one special substantive presentation from the Annual CLE each month leading up to the Colorado Conference.

Since the 1990s, formal written employment agreements have become increasingly common, especially for executives, technical experts, finance experts, and top sales and marketing people. In 2005, according to a report produced by a human resources consultancy group, an average of 46.4 percent of senior executives had employment agreements. Further, according to a research group that tracks executive compensation, about 60% of executives leading companies in the Standard & Poor's 500-stock index had employment contracts in 2004.

Representing the Executive | Wayne N. Outten, Outten & Golden LLP, New York, New York

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The Committee on Equal Employment Opportunity Law concentrates on all aspects of equal employment opportunity under federal and state law in both private and public employment, including: employment discrimination on the basis of race, color, national origin, religion, sex, age and disability; the interface of equal employment opportunity issues with collective bargaining situations under the National Labor Relations Act; use and validation of selection devices; affirmative action under Executive Orders 11246 and 11375; procedures and remedies in class action employment discrimination suits; and liaison with the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs and the Department of Justice. The Committee prepares periodic newsletters and other publications, and conducts annually the National Conference on Equal Employment Opportunity Law. The EEO Committee is also responsible for the publication of supplements to B. Lindemann & P. Grossman, Employment Discrimination Law, the well-known treatise now in its Fourth Edition, and oversees the preparation of Equal Employment Law Update.

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The committee is concerned with developments in the law governing the rights and responsibilities of individual workers and their employers in the workplace, and the resolution of disputes between individual employees and employers. Areas of focus include: wrongful termination claims; employee privacy and other employment-based torts; covenants not to compete and the duty to preserve trade secrets; the expanding contingent workforce and the effects of corporate restructuring and worker dislocation; health and disability leaves; emerging statutory rights; the impact of technology and multinational employers on employment law; alternate dispute resolution mechanisms; class actions; and ERISA litigation. The committee is responsible for the publication of four state-by-state surveys with annual supplements: Covenants Not to Compete: A State by State Survey, Employee Duty of Loyalty: A State-by-State Survey, Tortious Interference in the Employment Context: a State-by-State Survey, Trade Secrets: A State-by-State Survey, and also publishes Employment Termination: Rights and Remedies.

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