Under the National Labor Relations Act (NLRA), employees have a right of collective action, and employers are prohibited from interfering with that right. But these provisions can conflict with an employer’s desire and ability to regulate conduct in the workplace. 

One such conflict arises when employers conduct internal investigations. Employers may want to keep those investigations confidential, so that employees do not spread information about them through the workplace or coordinate their responses.

• Whistleblowers

As readers of this blog know, corporate executives (and regular employees) are often subject to non-competes in their employment agreements, as well as other provisions designed to ensure that if they leave their job, they will not be able to work for a competitor for some period of time.  By contrast, law firms are ethically prohibited from imposing such restrictive covenants on their attorneys.  The justification for this exceptionalism is the premise that clients have the right to choose their counsel and any restrictions on a lawyer’s right to practice could impede that choice.  (Of course, why client choice is more imperative in an attorney/client relationship than other professional relationships of trust has always been a bit vague.)

• Noncompete Agreements ‎

In our last post, we analyzed the complaint that Jones Day ex-associates Julia Sheketoff and Marc Savignac filed against the firm. Sheketoff and Savignac, a married couple, allege that the firm discriminated against them and retaliated against Mark when he complained. They focus on the firm’s parental leave policy, under which new birth mothers receive 18 weeks of paid leave but new fathers receive 10 weeks. 

Battle has now been joined in the lawsuit. Jones Day moved to dismiss, and the motion is now fully briefed with an opposition, reply, and even a proposed surreply.

• Discrimination
• Civil Litigation
• Wrongful Termination

On Tuesday, married couple Julia Sheketoff and Mark Savignac filed an attention-grabbing lawsuit against their former law firm, Jones Day, for gender discrimination and retaliation. Jones Day is one of the largest law firms in the United States, and was the subject of a lawsuit filed earlier this year by female lawyers alleging a “fraternity culture.” 
 
According to their complaint, Sheketoff and Savignac each clerked for Justice Stephen Breyer, and then joined Jones Day’s prestigious Issues & Appeals practice as associates. They eventually each received half-million-dollar salaries. But all was not well.

• Discrimination
• Civil Litigation
• Wrongful Termination

Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the “places from which they came.” (Three of the Members he was referencing were born in the U.S., and one is a naturalized U.S. citizen. All are women of color.)

This is an employment law blog, so naturally, President Trump’s tweet raised our antenna on an employment law issue: can telling someone to go back to the country they came from constitute prohibited discrimination or harassment?

• Harassment

Even employers who are devoted to higher callings can find themselves in worldly disputes with former employees over access to emails and computer files.

For example, the National Institute for Newman Studies is devoted to researching Cardinal John Henry Newman, who will be canonized later this year. While awaiting Newman’s ascent to sainthood, however, the Institute has been dealing with a mundane problem: a lawsuit brought by its former executive director, Robert Christie.

• Data Security
• Summary Judgment

A class action allows a plaintiff to sue not only on his own behalf, but also on behalf of others similarly affected by a defendant’s misconduct. In the employment context, for example, plaintiffs can bring class actions against employers for violations of labor codes, wage and hour laws, and discrimination laws.

• Arbitration
• Class Actions
• Supreme Court

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make the employee unable to work, or caring for newborns or family members. 

A frequent dilemma that employers often face is what to do when an employee has exhausted all available FMLA leave and still cannot return to work. One employer, Gold Medal Bakery, currently finds itself in litigation surrounding this issue.

• Age Discrimination
• Civil Litigation
• Discovery
• Discrimination
• Family Medical Leave
• Termination With or Without Cause
• Wrongful Termination

Companies zealously guard their trade secrets and other information that gives them a competitive edge. And as we’ve covered in prior posts, companies often resort to the courts to protect this kind of information.

Recently, a media company filed a lawsuit seeking to use trade secret protections to recover something very public—a reporter’s Twitter account.

• Civil Litigation
• Intellectual Property
• Social Media
• Trade Secrets

This post deals with two related protections that state laws and companies provide for directors and officers—indemnification and advancement. Corporations usually commit to indemnify officers and directors (and sometimes employees) when, because of their connection to the company, they are pulled into legal proceedings. Corporation also usually agree to advancement - paying legal fees and costs in advance of a final determination about the individual’s right to indemnification - so that officers and directors don’t have to foot the legal bills themselves while such a matter is going on. 

• Civil Litigation
• Indemnification and Advancement