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AAA’s New Employment Arbitration Rules and Their Effect on Disclosure Obligations, The (40.pdf) ABA Basic National Labor Relations Act ABA Committee Decides to Develop Standards of Fairness for Mediation (mediationfairness.doc) ABA EEO Update (osborne.doc) ABA Meeting Examines Challenges, Goals of new Technology Effect on Workplace Law (dlr72.doc) ABA Panel Hears Discussion on Validity of Shortening Period for Filing Claims (contracts.doc) ABA—2003: Occupational Safety and Health Law Committee (fairfax.pdf) Absent Employee with a Psychiatric Disability Claimed as a Result of Disciplinary or Performance Improvement Action Taken by the Employer, The AC 21: Strategies for Navigating in Unregulated Waters (klasko.doc) Access ADR: A Program to Promote Diversity in ADR (larue02.pdf) Accessing Employee E-Mail, Voice Mail and Internet: Checking Your Privacy Rights at the Front Door (dexter.doc) Accommodating the Employment Disabled (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Achieving Diversity Within Unions (27.pdf) ADA Case Updates: 2006 (mastroianni.pdf) ADA Case Updates: 2005 (mastroianni.pdf) ADA Defenses Update ADA Reasonable Accommodation in the Unionized Setting "ADA Reasonable Accommodation in the Unionized Setting: Is the ADA Always Trumped?" ADA Title III Outline (east.doc) ADA Update (adaupdate.pdf) ADA Update: Developments Affecting Definition of "Direct Threat" ADA Update: Developments Affecting Definition of "Disibility"/2000 ADA Update: Developments Affecting Definition of "Disability" (fram.wpd) Addressing Psychological Issues (msw.doc) Adjustment Board Awards: Legal Issues Presented By Noncompliance Administrative Exemption Under the FLSA: The Current and Prospective Regulations, The (zieff.doc) ADR in Employment Cases: A Plaintiff's Lawyer's Perspective ADR in Labor & Employment Law Committee Newsletter—Summer 2002 (summernews.doc) ADR in Labor & Employment Law Committee Newsletter—Fall 2001 (fallnews.doc) ADR in Labor & Employment Law Committee Newsletter—Winter 2001 (adrwinter.doc) ADR in Labor & Employment Law Committee Newsletter (Summer 2000) ADR in Labor & Employment Law Committee Newsletter (Fall 1999) ADR in Labor & Employment Law Committee Newsletter (Summer 1999) ADR Update: Mediation Advocacy—Tips for Handling the Tough Clients, Opponents - and Mediators (kohn.pdf) Advanced Class Actions Advanced Employment Retaliation Issues (herbert.doc) Advanced Employment Retaliation Issues (murdock.doc) Advanced Retaliation Issues from the EEOC's Perspective (burnside.doc) Advantages and Pitfalls of Self-Audits, The Advocacy Mistakes and Successes at Mediation (advocacy.doc) Advocate Ethics in Mediation and Negotiation (cary.doc) Aftermath of Allison: Surveying the State of Law in the Wake of the Fifth Circuit's Decision in Allison v. Citgo Petroleum Corp., The (femia.doc) Age Discrimination in Employment Act Subcommittee Report Agreement for Mediation Agreements Between Employers Not to Hire Each Other's Employees: When Are They Enforceable? (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) Airline Alliances: Legal Issues and Impact on Collective Bargaining Air Line Pilots Association v. Northwest Airlines: Implications for Mandatory Arbitration Clauses in Industries Under the NLRA (costello.doc) Allied Mechanical Services, Inc.: If Multiple Unions Merge Without an Employee Vote, Should the Successor Union Succeed to the Bargaining Rights of Its Predecessors? (pauling.pdf) Altering the Standard of Judicial Review of Arbitration Awards (zuchlewski.doc) Alternate Dispute Resolution and Collective Bargaining—A Union Perspective Alternative Dispute Resolution in the Workplace — A Time Arrived (shively.doc) Alternative Routes to Union Representation (datz.doc) Alternative Routes to Union Representation: Part II (datz2.doc) AMA Guides-A Judicial Perspective American Bar Association is Committed to Increasing Diversity (chapman.wpd) Americans with Disabilities Act and Reasonable Accommodation: Are Employers Required To Reassign Disabled Individuals Who Can No Longer Perform Their Jobs?, The Americans with Disabilities Act ("ADA") and The Family and Medical Leave Act ("FMLA") Americans with Disabilities Act Remedies: Damages, Injunctions, Reinstatement Americans with Disabilities Act—The Top Compliance Issues: A Union Perspective Analysis of U.S. Supreme Court Employment Law Decisions (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Analyzing Anti-Harassment Policies and Complaint Procedures: Do They Encourage Victims to Come Forward? (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) An Analysis of the Burlington and Faragher Affirmative Defense: When Are Employers Liable? (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) An Arbitral Review of Religious and National Origin Discrimination Issues (richard-spencer.wpd) An Argument That the WARN Act Does Not Allow Plaintiffs to Recover Non-ERISA Benefits (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) An Ethical Dilemma... Sarbanes-Oxley's Whistleblower, "Up the Ladder" and "Noisy Withdrawal" Rules for Attorneys, A Case of Much To Do About Nothing? (jenkins.pdf) An Exercise in Discretion—A Newly Organized or Successor Employer's Duty to Bargain About Implementing Discipline Pursuant to Established Rules (thompson.doc) Anatomy of a Federal Sector Arbitration, 2002 (fedsector.wpd) Anatomy of a Federal Sector Arbitration, 2001 (rogers.doc) An Employee by Any Other Name Does Not Smell as Sweet: A Continuing Drama (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Annual Report of the Conflicts of Interest Subcommittee: 2003 (moore.doc) Annual Report of the Conflicts of Interest Subcommittee: 2004 (marino.doc) Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities for 2002 (privacy.doc) Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities for 2001 (coltort.doc) Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities for 2000 (Supplement Attached) Annual Report of the Trial Publicity, Advertising & Solicitation Subcommittee (caiaccio.doc) Anti-Privacy Disclaimers: How Courts are Permitting Employer Notices of Intrusive Conditions of Employment to Eliminate Privacy in the Workplace (cornish.doc) Antitrust RICO and Labor Law Committee Newsletter (Volume 2, Number 3, Summer 2000) Antitrust RICO and Labor Law Committee Newsletter (Volume 2, Number 2, Winter 2000) An Update on Religious and National Origin Discrimination Post-September 11 (fortney.doc) Apocalypse Not: Some Reflections on RICO, Labor Disputes and the First Amendment (niehoff.doc) Appellate Judges Have Less Expertise in Labor Law as Cases Decline, Lynch Says (lynch.doc) Appendix of Significant Cases Involving an Employer's Obligation to Continue to Provide Health and Welfare Benefits to Retirees (appendix.doc) Applicant's Closing Skeleton Argument Application of "External Law" to Contractual Arbitration, a Survey or Recent Cases (butsav.doc) Application of the Davis-Bacon Act in the 21st Century: A Union Lawyer’s Perspective (yellig.pdf) Application of U.S. Discrimination Laws to Overseas Operations of U.S. Companies and to U.S. Citizens Abroad Application of U.S. Labor Law to Activities and Employees Outside the United States, The (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Application of U.S. Labor Law to Activities and Employees Outside the United States, The (moldof.doc) Applying Corporate Codes of Conduct in France (thiebart.doc) Applying the Supreme Court's Affirmative Defense to Supervisor Harassment (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Arbitral Decision-making in Labor and Employment Law (35.pdf) Arbitration Advocacy Arbitration and Mediation Report (report2003.doc) Arbitration and Mediation Report: 2005 (smith.doc) Arbitration & Union Employees: When is Arbitration an Exclusive Remedy Arbitration in the Collective Bargaining Context After Circuit City Stores, Inc. v. Adams (quinn.doc) Arbitration of Employment Claims (dichter1.doc) Arbitration of Employment Claims - An overview (ben-asher.doc) Arbitration of Employment Disputes before and after Circuit City (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Arbitration of Employment Disputes: Can It Be Required? (annual034.doc) Arbitration of Federal and State Statutory Claims in the CBA Context (arbhyp.wpd) Arbitration of Grievances Involving Work-Family Conflicts (malin.pdf) Arbitration Setting and the Tension Between Due Process, Expedited Proceedings, "Winning," and Ongoing Cooperative Relationships, The Arbitration Versus the NLRB: Deferral of Charges Involving Union Requests for Information in the Collective Bargaining Context (bloch.doc) Arbitrators Ethics Guidelines (jams.doc) Are There Ethical Issues for Attorneys in Choosing Not to Select Arbitrators for Employment Disputes Based on Race (41.pdf) Assessing Employee Rights and Employer Wrongs in Bankruptcy - A Union Perspective (selzer.doc) Assessing Mr. Samsa's Employee Rights: Kafka and the Art of the Human Resource Nightmare (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Assignment of Covenants Not to Compete: What Happens When "Mom and Pop" Sell Out? Atlas Air, Inc. v. ALPA (hall.doc) At the Cutting Edge of Labor Law Preemption: A Critique of Chamber of Commerce v. Lockyer (befort.doc) Attorney-Client Privilege Ethical Issues in Practice Before the NLRB: Contacts with Represented Parties and Witnesses (siegel.pdf) Attorney Evaluation Tool – Workers’ Compensation (evaluation.pdf) Attorneys Discuss Recent NLRB Ruling on Contingent Workers at ABA Meeting (contingent.doc) Attorneys Discuss Strategies for Bringing, Defending FLSA Collective Action Lawsuits (annual023.doc) Attorney's Guide to Drugs in the Workplace Automatic Exemption of Highly-Paid Employees and Other Proposed Amendments to the White-Collar Exemptions: Bringing the Fair Labor Standards Act into the Twenty-First Century Avoiding Claims of Discrimination Based on Personal Appearance, Grooming, and Hygiene Standards
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Balancing Interests Against the National Labor Relations Act (ohr.doc) Bankruptcy Issues in Employment Litigation Bankrupt's Employment Claim—List It or Lose It, The (The Labor Lawyer, Fall 2002, Vol. 18, No. 2) Bannering Neutrals—Coercive Secondary Boycott or Free Speech? (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Banners, Rats, and Other Inflatable Toys: Do They Constitute Strike Activity? Do They Violate Section 8(b)(4)? (ryan.doc) Banners, Rats, and Other Inflatable Toys: They are Not Picketing. They Are Not Strikes. They Are Not Threats, Coercion or Restraint. How the 9th Circuit and an NLRB ALJ Got It Wrong (buescher.doc) Bar Association Committee Members Examine Changes and Improvement in ADR (adrdlr.doc) Bargaining in States Without Public Sector Collective Bargaining Legislation (kruchko.pdf) Bargaining Unit Consolidations: One Union or Two? (20.3.pdf) Bargaining Unit Determination (cloppert.doc) Bar Group Stresses Importance of Policies Related to Corporate Electronic Information (policies.doc) Basic Class Actions Basic Equal Employment Opportunity Practice: 2002 (dollarhide.pdf) Basic Equal Employment Opportunity Practice: 1999 Basic Overview of Diversity and Inclusion (28.pdf) Basics: Covenants Not to Compete and Trade Secrets in France, The (abasf.doc) Basics: Ethical Issues in Labor and Employment Law, The (cohen.doc) Battling Case Backlogs at the NLRB: The Continuing Problem of Delays in Decision Making and the Clinton Board's Response Bending Over Backwards: How Far Must You Go to Accommodate a Disabled Employee? (burruezo.pdf) Benefit Claim Litigation (shapiro.doc) Benefit Claims and Individual Rights-1999 (Chapter 13—Formerly Known as Chapter 8) Benefit Claims Procedure and Review Benefit Issues in the Evolving Concept of "Family" (shapiro.pdf) Benefits and Risks of Mandatory Arbitration of Employment Disputes (bandr.wpd) Bermuda Triangle: The Americans with Disabilities Act, The Family and Medical Leave Act and Workers' Compensation Regulations, The (johnson.doc) Best Diversity Practices in Law Firms (25.pdf) Best Practices: Reductions in Force, Business Restructuring and Reorganization (eeo62.pdf) Best Practices in Electronic Discovery (barnum.pdf) Best Practices in Electronic Discovery (williams.pdf) "Best Practices" in Internet Usage Policies for the Workplace (rhodes.doc) Beyond Our Borders: An International Perspective of the Evolving Definition of Family and Its Effect on Employment Laws and Benefits (gay.doc) Big Brother or Modern Management: E-mail Monitoring in the Private Workplace (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Board Reconsiders The Love's Barbeque Remedy, The (siwica.doc) Bolkestein: the United Kingdom perspective (8.pdf) Boundary Disputes: The Legality of Employer Restrictions on Employee E-mail Organizing (fischl.pdf) Brief Career of St. Elizabeth Manor, 329 NLRB 341 (1999)—Once Again an Incumbent Union is Entitled Only to a Rebuttable Presumption of Continuing Majority Status in Successorship Situations. MV Transportation, 337 NLRB No. 129 (2002), The (tras.doc) Brief: Epilepsy Foundation of Northeast Ohio v. National Labor Relations Board (dixon.doc) Brief for the U.S. and the EEOC as Amici Curiae Supporting Petitioner Brief of Appellees International Associaton of Machinists and Aerospace Workers and International Association of Machinists and Aerospace Workers, District Lodge 141-M (brief.pdf) Brief of Plaintiff in Support of Motion to Compel Discovery Brief of the Equal Employment Advisory Council as Amicus Curiae in Support of Defendant-Appellant and in Support of Reversal (bartellbrief.pdf) Brief Overview of Major Features of Pending Protection Legislation: House and Senate Versions of H.R. 2990, A British Employment Law Developments under the Labour Government 1997-2001 (moher.doc) Building an Internal Defense against Class Action Lawyers (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Burden of Proof in Discrimination Cases: Guilty Until Proven Innocent ... (thi.doc) Burdens of Employment Discrimination Cases, The (subit.doc) Burlington Northern, et al. v. Brotherhood of Maintenance of Way Employees (lexsee.doc) Bush Board, The—A Panel Discussion On The Bush Board's Decisions (21.pdf) Bush II Board, The "The Good (Not So Much), The Bad (A lot), and the Ugly (Overwhelming)" (hexter.pdf)
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Canada’s Private Sector Privacy Protection Regimes (err273.pdf) Canadian Airline Industry Since 2000: Air Canada's Challenges and Successes, The (airline.doc) Candidates to Head OSHA Being Vetted, Transition Team Member Tells ABA Session (candidates.doc) Can Unions Waive Individual Employees' Claims or Whose Rights Are They Anyway? Can We Talk: Alternatives to Litigation: The Art of Negotiation (err101.pdf) Can We Talk? Reasonable Accommodation and the Interactive Process: Spring 2003 (rnr01.pdf) Can You Have a Diversity Program If You Aren’t A Government Contractor? (eeo42.pdf) Caregiver Discrimination and Adverse Impact Litigation (ishimaru.doc) Case of Unintended Consequences—The Disappearance of the Motor Carrier Act Exemption Under the FLSA?, A (17.pdf) Case Study: ABA 2003 Midwinter (casestudy.doc) Case Study: Mental Disabilities in the Workplace—Psychiatric Input in Complicated Cases (long.doc) Cases and Issues in Cash Balance Plan Litigation (The Labor Lawyer, Summer 2006, Vol. 22, No. 1) Cases to Consider BEFORE the Exit Interview (starkman.wpd) Castro Sees 'Disturbing Trend' in Growth of Harassment, Retaliation Charges at EEOC (castro.doc) Caught Online, Fishing for Answers: High Technology in the Workplace (wilcox.doc) Certification of Employment Discrimination Actions After the Passage of the 1991 Civil Rights Act: (b)(2) or Not (b)(2), That is the Question Challenge of Being General Counsel, The Changing Complexion of Workplace Law: Labor and Employment Decisions of the Supreme Court's 1999-2000 Term, The Changing Complexion of Workplace Law: Labor and Employment Decisions of the Supreme Court's 1999-2000 Term, The (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Changing the Traditional Grievance and Arbitration Model: Alternative Dispute Resolution Provisions in Air Force Collective Bargaining Agreements Chao Tells ABA That DOL Will Focus On Promoting 'Compliance Assistance' (annual6.doc) Chapter 12: Civil Practice and Procedure: 2005 Mid-Winter Report (stein.doc) Chapter 14: Liability Issues Unique to Welfare Plans, 2005 Supplement (tucker.doc) Chapter 14: Liability Issues Unique to Welfare Plans, 2003 Supplement (hartford.doc) Chapter 48—Drafting ADR Agreements: A Plaintiff Lawyer's View (outten.doc) Chapter on the Effect of Arbitration on Claims Before the EEOC and Other Entities for BNA Treatise on ADR in Employment Law (eeo211.pdf) Check the Berlitz for "Pretext": Discrimination Issues in Canada (err173.pdf) Check this Out: Employer's Use of Background Investigation in Hiring Employees (starkman.doc) Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond, A (wray.doc) Checklist for Opposing Rule 35(a) (lee.pdf) Checklist of Defenses to Employment Claims (eeo32.pdf) Checklist for Employment Arbitration Programs (aaaguidance.doc) Choice of Law Issues in Covenant-Not-to-Compete Cases: A State-by-State Survey (brock.doc) Circuit City on Remand and Selected Cases after Circuit City Regarding the Future of Mandatory Pre-Dispute Agreements to Arbitrate Employment Claims (sapir.doc) Circuit Split Emphasizes Technical Questions Over Substance in Class, Collective Actions (annual028.doc) Civility and Other Professionalism Issues: National Labor Relations Board Hearings and Other Proceedings (dixon.doc) Civility and Professionalism: Twenty of Many Reasons that Lawyers are No Longer Respected as They Once Were—Even by Our Brothers and Sisters of the Bar (lyon.doc) Civility and Professionalism in the Federal Courts (hernandez.doc) Clackamas Gastroenterology v. Wells (crispin.doc) Claims Procedures and Their Exhaustion: An Outline (mickelson.doc) Clarification of Awards after Issuance and the FTC-NAA Consent Order on Solicitation, The (stantoine.doc) Class Action Case Update (mishkind.doc) Class Action Issues in Retiree Health Care Litigation Under ERISA and Section 301 Class Action Primer and Update (mishkind.doc) Class Action Settlement, The Class Actions in Employment Law Class Actions in Employment Law Breakout II: How to Settle a Class Action Class Actions in Employment Law: How to File and Defend a Class Action-Plaintiff's Perspective Class Actions Under the Americans with Disabilities Act Class Cases Brought by the EEOC: Different Rules and Considerations May Apply (rnr20.pdf) Class Wide Determinations of Overtime Exemptions: The False Dichotomy Posed by Sav-On and a Suggested Solution (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) Clean Slate Club: A Roadmap To The Resolution of Labor Disputes, The (carter.doc) Clinton Board(s)—A Partial Look from Within, The Clinton Labor Board: A Difficult Period for a Management Representative, The (kramer.wpd) Clinton Labor Board: Continuing a Tradition of Moderation and Excellence, The Clinton Labor Board: Difficult Times for a Management Representative, The Closing the Door on RLA-Based Claims for Damages Arising Out of Strikes Over Minor Disputes (wolly.doc) COBRA and HIPAA Developments Since 1998 Code of Ethics for Arbitrators in Commercial Disputes, The (aaacode.doc) Code of Professional Responsibility for Arbitrators of Labor-Management Disputes (simkin.doc) Collections of Cases Submitted by Richard Alfred (err141.pdf) Collective Bargaining and Employee Benefits Collective Bargaining Autonomy and System in Germany (kupper.doc) Collective Bargaining in the European Aviation Single Market (plaza.doc) Color of Money: Law Firm Diversity As An Economic Imperative, The (jackson.doc) Commercial Compliance: International Considerations (international.pdf) Coming Soon to an OSHA Violation Near You: The Responsible Corporate Officer Doctrine (The Labor Lawyer, Fall 2002, Vol. 18, No. 2) Commentary on Professor Morris's Comparison of Discrimination for Union Activity Under the NLRA and RLA, A Comments and Request for a Hearing of the Rail Labor Division of the Transportation Trades Department, AFL-CIO (francisco.doc) Comments on the December 1, 2000 Amendments to the Federal Rules of Civil Procedure (peck.wpd) Commitment to Diversity (26.pdf) Communicating with the Public and Class Members Before and After Class Certification Communications Technology in the Workplace—Outline Update (jplace.wpd) Communications Technology in the Workplace Community/Market Rates: The Poison in the Well of Fair Compensation? (feeppra.doc) Company Programs Can Minimize Worker Violence, ABA Panelists Suggest (annual027.doc) Comparative European and U.S. Standards of Conduct for Lawyers (porter.doc) Compelled to Wear a Union Logo as Part of a Mandatory Uniform Requirement Pursuant to a Collective Bargaining Agreement: Good Labor Policy or Simply a Walking Billboard for the Union? (The Labor Lawyer, Summer 2002, Vol. 18, No. 1) Concurrent Representation of Multiple Clients in the Same Matter Conducting Lawful and Effective Investigations Regarding Allegations of Discrimination and Harassment (mcgarey.doc) Conflict of Interest Issues Associated with the Simultaneous Representation of Two or More Plaintiffs (cohen.doc) Conflicts of Interest Issues in Simultaneous Representation of Employers and Employees in Employment Law (savage.doc) Constitutional Law Committee (dalba.doc) Contacting Employees of an Adverse Corporate Party: A Plaintiff's Attorney's View (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Continuing Vitality of Iberia Airlines—The Case of Indiana Harbor Belt R.R. v. BMWE, The (munro.doc) Continuity of Employment in Transfer of Undertakings (moro.pdf) Contraception Coverage Is Popular Benefit, but Mandate Under Title VII Remains Unclear (annual026.doc) Contract Modification and Unilateral Change … A “Traditional Dichotomy” or an Untenable “Rigid Distinction”? (raudabaugh.doc) Controversy Over the Duration of an Employer's Obligation to Continue to Provide Health and Welfare Benefits to Retirees, The (mishkind.doc) Corporate Diversity Best Practices and Post-9/11 Responses (casellas.pdf) Corporate Legal Times Articles Submitted by Melinda Burrows (err241.pdf) Corporate Social Responsibility (A Human Face to the Global Economy) (corporate.doc) Corrected Brief of Appellants Allied Pilots Association, Richard T. Lavoy, and Brian A. Mayhew Corrective and Mitigating Measures: An Update on the Sutton Defense (alfred2.doc) Corrective and Mitigating Measures Under the ADA: How Plaintiffs' Lawyers can Escape the Wrath of the Sutton Trilogy (lenzo.doc) Costs of Resolving Employment Disputes Through Arbitration: Are Arbitration Agreements Requiring Employees to Share the Fees Enforceable, The (adrfees.doc) Counseling Clients When Employees Change Employers Covenants Not To Compete, Trade Secrets and Duty of Loyalty Subcommittee (err121.pdf) Covenants Not to Compete—Germany (wisskirchen.pdf) Covenants Not to Compete in International Context: How U.S. Courts Enforce Agreements Abroad (abroad.doc) Covenants Not to Compete under German Employment Law (covenants.doc) Coverage Under the Fair Labor Standards Act (kearns.doc) Covering Contraceptives in Employee Benefits Plans: A Healthy Policy for Employees and Employers Alike (samuels.wpd) Creating Access to Enhance Diversity (larue01.doc) Creating and Challenging Compulsory Arbitration Agreements Criminal Prosecutions: When Referred, When Not; Why or Why not (dunham.pdf) Critical Examination of Court-Annexed Mediation of Employment Disputes, A (silverman.doc) Cross Examination: Conquering Your Fear and Doing Your Best (vorachek.wpd) Current Best Practices for Human Resource Processes (eeo54.pdf) Current Developments in NLRB Representation Case Law Current Issues in Discrimination Litigation Against Unions (picard.doc) Current Trends in Class Action Employment Litigation (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) Curve Balls in EEO Litigation—Theft Prevention: How to Protect Class Members from Reverse Auctions (dardarian.doc) Cybersmear: It's What the Internet is for, Right? (barber.pdf)
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Danish Stock Options Act: Article (stock2.pdf) Danish Stock Options Act: Committee Presentation (stock2.pdf) Data Privacy: The EU:US Interface (murray.doc) Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Dealing with the Inadvertent Disclosure of Privileged or Confidential Documents Decisions Raise the Bar for Plaintiffs in Employment Cases, Law Professor Says (annual021.doc) Defendants' Additional Brief in Support of Summary Judgment Defendant's Brief in Opposition to Plaintiff's Motion to Compel Discovery Defendant's Confidential Statement for the Mediator Defendants' Statement of Undisputed Facts Defending a Class Action Defending Age-Based Claims After Smith v. Jackson (telman.pdf) Defense Analysis Under Faragher/Ellerth of Ms. Strong's Sexual Harassment Defense Perspective on Pattern and Practice Sexual Harassment Litigation, A (lindner.doc) Defensive Strategies for Preventing Certification of Wage and Hour Collective and Class Actions (turner.pdf) Deferral of Information Disputes: A Game of Blind Man's Bluff (garfield.pdf) Delayed Rules Undergoing Review as OSHA Awaits Bush Administration Pick (regulations.doc) Department of Labor Index of FLSA Opinion Letters (spring 1999) Deposition Techniques That Work (meister.doc) Developing Electronic Evidence (merry.doc) Developing and Enforcing Effective Sexual Harassment Policies: A Union Perspective Developing and Managing Effective and Fair Employment Dispute Resolution Programs (herbst.doc) Developing Confidentiality Issues Affecting the Attorney's Ethical Obligations In Our Increasingly Hi-Tech Landscape (16.pdf) Developing Confidentiality Issues Affecting the Attorney's Ethical Obligations In Our Increasingly Hi-Tech Landscape—Some Nuts and Bolts Solutions (15.pdf) Developing Issues in Retaliation Law (seville.doc) Developing Labor Law: Lockout Presentation (fernandez.pdf) Developing Law of Neutrality Agreements, The (cohencharles.doc) Developing Theories in Age Discrimination Law (mccann.pdf) Development of Anti-Discrimination and Anti-Sexual Harassment Law in Germany and in the EU (wisskirchen.doc) Development of Anti-Discrimination and Anti-Sexual Harassment Law in the EU - Recent EU Directives (jordan.pdf) Development of the Law Under the NLRA Committee Newsletter, Summer 2002 (summernews02.doc) Development of the Law Under the NLRA Committee Newsletter, Fall 2000 Development of the Law Under the NLRA Committee Newsletter, Spring 2000 Developments in Employment Discrimination Law: Emphasizing the Law of Sexual Harassment Developments in Personal Harm Tort Law: Assault, Battery, False Imprisonment, Malicious Prosecution, and Abuse of Process (schwimmer.doc) Developments of European Community Labor Law (malmberg.pdf) Ding Dong the [Clear and Unmistakable Waiver Test for 8(d) violations] is Dead . . . [At Least Until the Next Democratic Board Majority] (kelman.pdf) Disability Discrimination: Developments in Case Law Under the ADA Disaster Strikes! (43.pdf) Discipline or Accommodation? Employer Responses to Misconduct and Poor Performance of Disabled Employees "Disclosure": The Plaintiff’s Perspective (err283.pdf) Discovery: Workers’ Compensation Court – Oklahoma (brawner.pdf) Discovery Assistance on the Internet Discovery in Arbitration: Arbitral Authority to Direct Discovery and to Impose Sanctions (drucker.doc) Discovery in Georgia (kniffen.doc) Discovery Issues in Employment Earnings Damages: Garbage In, Garbage Out Discrimination and Employee Benefits (eeo251.pdf) Discrimination and Employee Benefits HIPAA Privacy Rules (eeo252.pdf) Discrimination in the Religious Workplace - Should It Be Permitted to Continue? (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Dismissal for Objective Reasons Under Spanish Employment Law (agullo.doc) Dismissal in Spain, The (santillan.doc) Dismissal Under Spanish Legislation: Disciplinary Dismissal (spain.pdf) Disparate Impact (seymour.pdf) Disparate Impact Under the ADEA (donald.doc) Division VI. Ethics Standards for Neutral Arbitrators in Contractual Arbitration (arb_eth03.pdf) Do All No-Strike Clauses Prohibit Work Stoppages? The Implied "No-Strke" Doctrine After Silver State Disposal Service Do All No-Strike Clauses Prohibit Work Stoppages? Silver State, 326 NLRB No. 25 Document Management and Retention Policy, A (bottoms.doc) Documents Relating to the Case of Derrick Satchell, et al v. FedEx Express (finberg.pdf) Does the Americans with Disabilities Act Really Protect Alcoholism? (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Doing the Best with What We Had: Building a More Effective Equal Employment Opportunity Commission during the Clinton-Gore Administration (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) DOL/BCIS/SSA Issues (issues.doc) DOL Solicitor Emphasizes Push to Monitor Union Accounting Practices (annual022.doc) Domestic Violence and Employment: A Survey of Employment Rights in the Workplace (lakner.pdf) Don't Ask, Don't Tell . . . at Work or in Court—The Conflict between the Supreme Court's Decisions in Oncale and Price Waterhouse (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Don't Bother Us With the Facts: The NLRB's View of Section 7 Rights and Considerations of National Security (tedesco.pdf) Don't Write Off the Hobbs Act Yet: Scheidler v. NOW and its Applicability in the Labor Context (luce2.doc) Double Trouble: Lawsuits Brought by Alleged Sexual Harassers Following Termination or Demotion Do You Want To Know a Secret? HIPAA's Medical Privacy Regulations (borzi.pdf) Drafting Lawful Releases (delikat.doc) Dragons & Other Pitfalls: A Federal Judge Reveals Shocking Truths About Employment Trials Drift and Division on the Clinton NLRB Drug Testing in Canada: The Current and Future Arbitral Perspective Drug Testing in the Workplace - When can you test? Dubuque Packing and Fibreboard Revisited—Decision Bargaining, Timing and Scope and the Information Rights of Unions in the Process Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship Duty to Inform and Fiduciary Breaches: The "New Frontier" in ERISA Legislation, The
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I Guess You Had to Be There: Is Work from Home a Reasonable Accommodation Under the ADA? (risk.wpd) "I Heard It Through the Grapevine": Evidentiary Challenges in Racially Hostile Work Environment Litigation (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) "If I Only "Had a Brain" . . . I could figure out the contours of concerned activity versus other competing rights. (zdravecky.pdf) "If I Only Had a Heart. . . ." How Many of My Employees Would I Lock Out? (hensel.pdf) "If I Only Had the Nerve . . ." I Would Analyze the Impact of Section 7 Rights on National Security Issues (sarver.pdf) Illusion of Efficiency in Workers' Compensation "Reform", The Immigration Law Basics (koenig.pdf) Immigration Law Basics: 2004 (tynan.pdf) Impact of BE&K Construction Co. v. 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Recent Developments (stockholm.pdf) Note on the Seniority Resolutions Arising out of the Merger of Air Canada and Canadian Airlines, A (seniority.doc) Noteworthy Developments Over the Year Nothing Up the Sleeve: Are There Any Rights When There is No Written Covenant? (blackstone.doc) "Novel" Issues in Job Safety Cases Increase Chances of Review, Rogers Says (rogers.doc) NPI: The Neuropsychiatric Institute (afield.doc)
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Occupational Disability Policies Providing Total Disability Benefits Occupational Safety and Health Act's Whistleblower Provision: Protections, Procedures, Developments and Resources, The (stark.doc) Off-Duty Conduct That Can Be Used Against the Employer in Court: A View From the Defense Side Regarding Employee Information That Should Not Be Considered "Private" “On the Road Again” (To Organizing) Dana Corp., Metaldyne Corp., and the Board’s Attack on Voluntary Recognition Agreements (kulweic.pdf) “On the Road Again” (To Organizing) Dana Corp., 341 NLRB No. 150 (2004) (gaylord.pdf) One Bite of the Apple and One of the Orange: Interpreting Claims That Collective Bargaining Agreements Should Wave the Individual Employee's Statutory Rights (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) Online Dispute Resolution (ogden.doc) On-Site Drug Testing - A State-by-State Summary (burke.doc) On-Site, Oral/Saliva and Hair Testing: Legal Restrictions on Non-Conventional Workplace Drug and Alcohol Testing (burke.doc) Opening Brief of Plaintiff-Appellant United Air Lines, Inc. (siegelopen.doc) Operational Changes: The First National Maintenance/Fibreboard Dual Opinion and Award Opportunities for Women in the Practice of Labor & Employment Law Opposition to Motion in Limine to Exclude Expert Testimony Opt-Out Wage and Hour Class Actions Under State Law: The Next Big Increase in Litigation to Enforce Workers' Rights? (19.pdf) Optimizing Client Effectiveness in Mediation Order at the Table! Tips for Efficient Advocacy in Labor Arbitration (drucker2.doc) Order at the Table! What Roles Do the Codes of Civility, Model Rules of Professional Conduct, and Sanctions Play in Arbitration? (drucker1.doc) Order Directing Parties to Provide Additional Briefing Organizing Contingency Workers: Community of Interest v. Consent (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) OSHA Recordkeeping Requirements (jones.pdf) "Other" ADA Protections Testing Under Title III and Title I of the ADA (hogan.doc) Other Victims of Sexual Harassment: Unfairly Accused or Fairly Accused but Unfairly Discharged Perpetrators Outline of Management In-House Counsel View of Hypothetical (outline.doc) Outline of Sturgis and Related Cases (solomon.doc) Outsourcing and Flexicurity (mueller.pdf) Overview of "Good Faith Efforts" under Kolstad's Progeny, An (tuttle.doc) Overview of the Department of Labor Office of Labor Standards Proposed Rules for Labor Organization Officer and Employee Reports (Form LM-30) (22.pdf) OWBPA and Issues Raised by the Regulations Both Past and Proposed; Impact of the Oubre Decision, The
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Panel Discussion: Significant Recent Health and Safety Decisions (panel.doc) Partial Strikes under the Railway Labor Act: The Need for a Doctrine of Unprotected Concerted Activity (The Labor Lawyer, Summer 2002, Vol. 18, No. 1) Patients' Rights Bill's Mandated Coverage Could be Great Expense, ABA Panelists Warn (annual4.doc) Pattern and Practice Litigation in Harassment Cases (hendrickson.wpd) Pay Equity in the New Millennium: How to Prepare For and Avoid Pay Discrimination Claims Penny Frazer v. Transcontinental Insurance Company (opinion.pdf) Pension Benefit Guaranty Corporation in Workouts and Bankruptcy Reorganizations (36.pdf) Performance Appraisals (eeo55.pdf) Permanent Residence ("Green Card") Process and Preference System, The (koenig2.doc) Perspective of AFL-CIO on Development and Application of the AMA's Guides on the Evaluation of Permanent Impairment PGA Tour, Inc. v. 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(kearns.doc) Preparation for the Exit Interview—Conducting a Pre-Adverse Action Risk Analysis (burrows.doc) Preparation of a Discovery Plan (eeo31.pdf) Preparing for Change: Non-Conforming Gender Identity Issues in the Workplace (reynolds.pdf) Preparing for the Worst: How to Prepare Employers for the Possibility of ADA Litigation and Other Bad Things(eeo313.pdf) Preparing Your Client For Mediation: Defendant's Perspective (boyle.doc) Prerogative of the Crown: The Path of New Federalism, The Presentation Before the Federal Sector Labor and Employment Law Committee Meeting (nickles.wpd) Presentation Slides (eeo61.pdf) Pretrial Issues in An ADA Mental Disability Case: Discovery and Summary Judgment (mcdonald.doc) Preventing and Defending Litigation Against Neutrals (nelson.doc) Prevention of Critical Incidents in the Workplace (gordon.pdf) Price of Justice: The Role of Cost Allocation in the Employment Arbitration Fairness Analysis, The (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Primer on Employment Test Development and Validation, A (lundquist.pdf) Primer on Sexual Harassment, A (err81.pdf) Primer on Successorship: Practical and Legal Implications Principles for the Validation and Use of Personnel Selection Process (principles.pdf) Privacy and Technology in the Employment Arena (wall.wpd) Privacy in Electronic Communications at Work (cornish.wpd) Privacy in the Workplace: On the Frontier Between the Rights of Employees and Employers Privacy Law Update (err274.pdf) Privacy Limitations for Electronic Surveillance and Genetic Testing in the Workplace Privileged and Confidential Attorney Work Product Prepared at the Request of Counsel (daley.doc) Proactive Prevention Chief Goal of EEOC, Vice Chair Earp Tells ABA's EEO Committee (dlr04.doc) Procedural Approaches for Countering Dual-Filed FLSA Collective Action and State Law Wage Class Action (20.3.pdf) Procedural Aspects of Litigating ERISA Claims Professionalism: In the Heat of Battle (giannasi.doc) Professionalism and Ethics Recusal (outline.doc) Program Agenda (2000 Annual Meeting) Proper Communications: Avoiding Potential Problems (rnr13.pdf) Proposal for an Agreement to Mediate, A (chalmers01.pdf) Proposed New Regulations for 29 CFR Part 541 (gallagher.doc) Proposed NMB Rules for Railroad Arbitration (johnson.pdf) Proposed Rules: Department of Labor and Industries—Ergonomics (ergo.pdf) Proprietary of Communicating with Current or Former Employee of an Adverse Party (davis.doc) Protecting Individual Medical Records: A Description of Key Requirements of the Final Regulations Applicable to Group Health Plans (nprm.doc) Proving and Defending Claims of Race Discrimination in Tests and Similar Selection Devices (brown.pdf) Proving and Limiting Damages in Harassment and Retaliation Claims From a Union Lawyer’s Perspective (eeo151.pdf) Psychiatric Disabilities in the Workplace: Recent Circuit Court Case Law Under the Americans with Disabilities Act (center.doc) Public and Exempt Organizations Plans Public Perceptions of Lawyers Consumer Research Findings (perceptions.pdf) Public Policy and Contractual Exceptions to the Employment at Will Doctrine: 2004 (err22.pdf) Public Policy and Contractual Exceptions to the Employment At-Will Doctrine: 2005 (grant01.doc) Public Policy and Contractual Exceptions to the Employment At-Will Doctrine: 2006 (basics_grant.pdf) Public Policy and Due Process Exceptions to Enforceability of Arbitration Awards in the Rail Industry from a Union Perspective (brodar.doc) Public Policy and Due Process Exceptions to the Enforcement of Arbitration Awards (migliore.doc) Public Policy Exception to Arbitration Award Finality, The (rissetto.wpd) Public Policy Exception to Nonreview of Arbitration Awards Discussed at Meeting (publicpolicy.doc) Punitive Damages in Employment Discrimination Law Putting Your Best Case Forward, Best Trial Tactics (30.pdf)
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Quarter Century of Lessons Learned: Professionalism, Clients, On Taking Cases & Litigation, A (bennett.wpd) Questions and Answers About Employer Responsibilities Concerning the Employment of Muslims, Arabs, South Asians and Sikhs (qanda.pdf) Questions That Remain Open After IBP v. Alvarez (18.pdf) Quietflex Manufacturing and the unpredictable case-by-case "balancing" of Section 7 rights: "Liberty finds no refuge in a jurisprudence of doubt." 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(padilla.doc) Significance of the Sarbanes-Oxley Whistleblower Provision, The (The Labor Lawyer, Fall 2005, Vol. 21, No. 2) Significant Changes to FLSA White Collar Exemptions (cohn.pdf) Significant Decisions and Developments (katz.doc) Significant Highlights to the Revised ULP Manual (ulphighlights.doc) Significant 2000 Unfair Labor Practice Case Decisions of the Federal Labor Relations Authority (hornicek.wpd) Significant 1998 Unfair Labor Practice Case Decisions of the Federal Labor Relations Authority Significant Recent Employment Discrimination Law Cases—2006 (grossman.pdf) Significant Recent Employment Discrimination Law Decisions—1999 Significant Recent Employment Discrimination Law Decisions—2000 Significant Recent Employment Discrimination Law Decisions—2001 (eeogross.doc) Significant Recent Employment Discrimination Law Decisions—2002 (grossman.doc) Significant Recent Employment Discrimination Law Decisions—2003 (grossman.doc) Significant Recent Employment Discrimination Law Decisions—2004 (eeo71.pdf) Significant Recent Employment Discrimination Law Decisions—2005 (grossman.doc) Significant Regulatory Activity Significant ULP Cases in 2005 (kearney.pdf) Significant ULP Cases in 2004 (kearney.pdf) Significant ULP Cases in 2003 (kearney.doc) Significant ULP Cases in 2002 (ulpcases.doc) Significant ULP Cases in 2001 (ulpcases.doc) Sitting at the Head of the Table: How to Become a Labor and Employment Mediator and Arbitrator (hughes.doc) Sixth Circuit Holds that a Reservation of Rights in the Plan in Some of the SPDs Trumps "Lifetime" Statement in SPDs Skeleton Argument of the Respondents Skip Counsel Issues in NLRB Unfair Labor Practice Investigations (ketcham.doc) Smith, et al. v. 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Taking Another Look At Workplace Rules—Employer Free Speech Versus Employee Rights Taking off the Gloves: The Return of Hard Bargaining Tactics to the Collective Bargaining Arena Taking the Blinders Off: The Need for a Lawful and Practical Board Approach to Affiliation and Other Cases Involving Evolution of the Bargaining Agent (gleichman.pdf) Talking the Walk: A Short History of the Injunction Requiring Advance Notice of Strikes (shewmake.doc) Tangible Employment Action: What Did the Supreme Court Really Mean in Faragher and Ellerth? 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Title VII Class Actions and Punitive Damage Claims: A Guide to Class Certification and Trial (eeo232.pdf) To Bargain or Not to Bargain Should Not be the Question: Deterring Section 8(a)(5) Violations in First-Time Bargaining Situations through a Liberalized Standard for the Award of Litigation and Negotiation Costs (The Labor Lawyer, Summer 2002, Vol. 18, No. 1) Today's Corporate Campaigns: Legal Issues, Tactics, Strategies—The Management Perspective (zinser.pdf) Top Employment Issues Facing In-House Counsel (reicin.doc) Top Ten ADA Issues Top Ten Family Medical Leave Act Developments 2001-2004, The (err203.pdf) Top Ten Issues for Practitioners Top 10 Signs That Your Labor and Employment Attorney is Unprofessional (top10.pdf) Top Ten Tips from the Trenches, The (adler1.doc) Tortious Interference Claims Arising from Violations of Restrictive Covenants in Employment Agreements (statesurvey.doc) Tortious Interference with Contract (feliu.doc) Towards a Rational Interpretation of the Term "Supervisor" after Kentucky River (ceresi.doc) Tracking the Path to Parity between Mental and Physical Health Benefits (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Trade, Offshoring of Jobs and Structural Adjustment: The Need for a Policy Response (schneider.pdf) Trade Union Recognition in the UK (cockburn.doc) Transition to the New Claims Regulations: The Final Rite of Passage (wagner.doc) Trends in Drug Testing Trends in Employment Discrimination Law (seymour.doc) Trends in Employment Discrimination Law: 2004 (eeo72.pdf) Trends in Employment Discrimination Law: 2003 (seymourtrends.doc) Trends in Employment Discrimination Law: 2000 Trends in Employment Discrimination Law: 1999 Trends in Harassment (eeo292.pdf) Trends in Harassment: Ethics, Confidentiality and Privilege Issues in Harassment Investigations (eeo291.pdf) Trends in Harassment Law Part I: Complaints Concerning Teenage Employees (lawrence.pdf) Trends in Harassment Law – Hostile Workplace Claims (reinhold.pdf) Trends in Post 9/11 Backlash Employment Discrimination (sinnar.pdf) Trends in Workplace Litigation: The Rising Popularity of FLSA Class Actions Trial Advocacy Presentation: Fact Pattern & Exhibits TrialGraphix: New Technologies from Discovery Through Trial (cohen.pdf) Trial Graphix / Article 1: Eye Catcher (cohen1.pdf) TrialGraphix / Article 2: Technology Can Win Cases if Lawyers Use it Correctly (cohen2.pdf) TrialGraphix / Article 3: Tailor Graphics to Tell Jurors Your story (cohen3.pdf) Trial Publicity Issues for Labor & Employment Law Attorneys (witherspoon.doc) True Challenges in EEO Lawsuits – Dealing With Compensatory and Punitive Damages in EEO Litigation (hartstein.pdf) Turn Out the Lights, the Party’s Over. Or Is It? Anticipating the Board’s Pronouncements on Kentucky River Issues; Will There Be New Standards and/or a New Burden of Proof Standard? (goldhammer.pdf) "20 Questions" about OSHA (hiles.doc) Two Newest Board Members Discuss Career Experience, Attitude Towards Jobs (career.doc) 2000 Report of the Committee on State and Local Government Bargaining and Employment Law 2000-2001 Treatise Supplement: The Fair Labor Standards Act (treatise.doc) 2002-2003 Treatise Supplement: The Fair Labor Standards Act (treatise.doc) 2003-2004 Treatise Supplement: The Fair Labor Standards Act (midwinter05.doc) 2004-2005 Treatise Supplement: The Fair Labor Standards Act (eisenberg.doc) 2002 Government Contracts Subcommittee Report (yellig.doc) 2003 Government Contracts Subcommittee Report (yellig.doc) 2005 Government Contracts Subcommittee Report (yellig.pdf) 2006 Government Contracts Subcommittee Report (yellig.pdf) 2002 Mid-Winter Meeting Program Materials (antitrust.doc) 2002 Privacy in the Workplace Update (cornish.doc) 2002-2003 Supreme Court Term, The (morris.doc) 2003 Midwinter Meeting Report of the Subcommittee on the Developments Under the Age Discrimination in Employment Act (adea.doc) 2003 Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act (fmlareport.doc) 2005 Subcommittee on the Sarbanes-Oxley Act of 2002 (safon.doc) 2006 Subcommittee on the Sarbanes-Oxley Act of 2002 (safon.doc) 2003 Privacy in Electronic Communications at Work (rnr06.pdf) 2003 Privacy Update (rnr07.pdf) 2004 Federal Appellate Court Cases on First Amendment Rights (rynecki.doc) 2004 Report: Impact of Federal Legislation on State and Local Government Bargaining (marcero.doc) 2005 Decisions Regarding the Duty to Bargain in Good Faith and Procedural Issues in Unfair Labor Practice Cases Involving States Alphabetically from New Hampshire through Wisconsin (lefkowitz.doc) 2005 May Bring Changes to the Federal Minimum Wage (kearns.doc) 2005 Privacy Subcommittee Annual Update (cornish02.doc) 2005 Report of the Subcommittee on Impact of Federal Legislation (hawks.doc) 2005 Report of the Subcommittee on Rights of Union Members and Non-Members (reilly.doc) 2006 Federal Courts of Appeals Cases (1.pdf) Two Views on Random Monitoring of E-Mail, as it Relates to Harassment, Posed at ABA (email.doc)
U
UK and EU Equality Directives, The (wallace.doc) UK's response to recent EU directives, The (callaghan.doc) Ultimate Arbitration Update - 2003: An Administrator's Perspective (anderson.doc) Uncertain Fate of Gissel Bargaining Orders in the Circuit Courts of Appeal, The (gissel.doc) Under Challenge? The Duty to Provide the Names and Addresses of Replacement Workers (schiffer.pdf) Understanding How to Apply the DSM-IV to a Case under the ADA (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Undocumented Workers and the NLRA: Hoffman Plastic Compounds and Beyond (hoffman.doc) Unfair Labor Practice Cases in 1999 Unhappy Crossroads: The Interplay of Bankruptcy and Airline Labor Law, An (gallagher.doc) Uniform Service Employment and Reemployment Rights Act (paul.doc) Union Access to Employer Information in the Federal Sector Union Access to Employer Property: Time to Sprinkle a Little Salt on the Subject Union Access to Migrant Farmworkers: The Mt. Olive Pickle Company, Cucumber Farmers, and Farmworkers (20.3.pdf) Union Administration and Procedure Committee Annual Report (July 2003) (report.doc) Union Administration and Procedure Committee Annual Report (July 2000) Union Administration and Procedure Committee Annual Report (July 1999) Union Discovery Privileges: Protecting Union Documents and Internal Information from Subpoena (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Union Information and Recruitment via the Internet in Germany (koerber.pdf) Union Lawyer's Strike Diary, A (dohrmann.doc) Unions and the ADA (rozen.pdf) Union’s Gamble Pays Off: In San Manuel Indian Bingo & Casino, The NLRB Breaks The Nation’s Promise And Reverses Decades-Old Precedent To Assert Jurisdiction Over Tribal Enterprises On Indian Reservations (wermuth.pdf) Union Liability Under Title VII with an Emphasis on Recent Retaliation Cases (rozen.doc) Union Perspective of the NLRB Skip Counsel Rules, A (posner.doc) Union Strategy Privilege and Civil RICO Actions Arising from Labor Disputes, The (carter.doc) Unions of a Different Kind: The Employer's Struggle to Reconcile Philosophy, Law, and Politics with the Demands of Same-Sex Couples and Domestic Partners (latta.doc) Union's Responsibility and Potential Liability When Dealing, In Its Representative Role, with Sexual Harassment Cases, The (teitelbaum.wpd) Unions without Unions? (rabin.pdf) Unlocking the Restraints: Employee Stock Options and Wrongful Termination Claims (kraus.wpd) Update on ADA Cases (murphy.doc) Update on Employer E-mail Monitoring: The Ninth Circuit Joins the Mainstream (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Update on the FTC's Vail Letter and Application of the FCRA to Investigations of Employee Wrongdoing, An (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) US Airways v. National Mediation Board: First Amendment Rights and the Right of Self-Organization Under the RLA U.S. Court of Appeals for the District of Columbia Circuit Brief in Air Line Pilot's Association v. Northwest Airlines U.S. District Court for the Eastern District of Michigan Document (eeo253.pdf) Use of EEO-1 Reports in Discovery Highlighted in Discussions in ABA Sessions (dlr01.doc) Use of Electronic Mail in Union Organizing Campaigns (clark.doc) Use of Experts in Employment Litigation Use of Statistical Evidence in Employment Discrimination Litigation (drogin.doc) Use of Technology at Trial: Tools, Rules and Techniques, The (eeo132.pdf) Use of the Internet in Union Campaigns in the UK (callaghan.pdf) USERRA Overview 38 USC 4301-4334 (levintow.pdf) USERRA: The Roadmap to Follow When the Troops Come Home (malone.doc) Using EEO-1 Data to Analyze Allegations of Employment Discrimination Using Statistical Analysis in Reduction-in-Force ADEA Litigation Using Technology to Establish and Maintain Effective Harassment Prevention and Correction Programs: Focus on Education (duffy.doc) Using Technology to Prove and Defend Against Punitive Damages Claims (mallery.doc) Using the Alien Tort Claims Act to Hold Multinationals Accountable for Human Rights Violations in U.S. Federal Courts (5.pdf) Using Themes At Trial: What Jurors Want and Ignore (29.pdf) US Labor and Employment Laws: Overview U.S. Merit Systems Protection Board (MSPB): Overview of Employee Rights and MSPB Procedure, The (1999) US/UK Employment Arrangements (keane.doc)
V - W
Valuing Company Stock Option Compensation in Litigation (staller.pdf) Valuing Diversity: Raising the Bar (wade.pdf) Vaughn Murphy, Petitioner, vs. United Parcel Service, Inc., Respondent Video-Taping - A Dual Standard: Rights and Obligations of Unions and Employers Video-Taping - A Dual Standard: Rights and Obligations of Unions and Employers—Randell Warehouse and Colgate-Palmolive Violence in the Workplace: 2004-2005 Update (donoghue.doc) Virtual Office and the Employer's Duty to Comply with Statutory Standards, The (noble.doc) Voir Dire Issues for the Union Attorney in Sexual Harassment Cases (eeo115.pdf) Voluntary Corporate Codes of Conduct: What's Missing (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Volunteers and Interns: Issues to Consider from Employment Law and Immigration Law Perspectives (hastings.pdf) Wage-Hour Class Actions Surpassed EEO in Federal Courts Last Year, Survey Shows (eeo2002mid1.doc) War of the Words: Etymologists Attack the NLRB (Defining Supervisors the Old-Fashioned Way) (starling.pdf) Washington DC, Human Resources and You (zeppelin.pdf) Washington Report (March 9, 2001) (marchnews.doc) Was September 11 a Force Majeure Event as Defined in Labor-Protective Provisions in the Airline Industry? (majeure.doc) Web-Based Training on Employment Law Issues (eeo51.pdf) Weingarten Rights in the Non-Organized Workplace: "Clear Federal Decisionmaking," or at Least a Good Start (kuyken.pdf) Welcome to the Jungle: Life after Varity Corp and Great-West (zalewski.doc) Welfare Plans: Technical & Statutory (1999) Welfare Plans: Technical & Statutory (2000) Welfare Plans: Technical & Statutory (2004) "We're Confident, We're Casual, We're Covered": How EPLI Affects a Case: Mediator's Checklist of Considerations (leathers.doc) "We're Off to See the Wizards" A Panel Discussion on the Bush Board's Decisions (irving.pdf) "We're Off to See the Wizards" A Panel Discussion on the Bush II Board's Decisions . . . and the Yellow Brick Road Back to the Record of the Clinton Board (king.pdf) What Are the Courts Saying About Boorish Behavior and Violence in the Context of a Sexual Harassment Cast (engelmeier.pdf) What Constitutes "Dealing With" Pursuant to Section 2(5) of the Act Since Electromation, Inc., 309 NLRB 990 (1992)? (hedian.doc) What Constitutes "Dealing With" Pursuant to Section 2(5) of the Act Since Electromation, Inc., 309 NLRB 990 (1992)? (pauling.doc) What Do We Know About Where We Have Been? A Bibliography of Empirical Studies of Employment Arbitration (rnr03.pdf) What Hath Waffle House Wrought? (adrseymour.doc) What Is Mobbing? And What Isn't... (gil.doc) What Remains of Bill Johnson's Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983), After BE&K Construction Co. v. NLRB, 122 S.Ct. 2390 (2002)? (roth.doc) What Should the Bargaining Rights of a Discriminatory Successor Employer Be? The Board Re-Examines Love's Barbeque Restaurant No. 62 in Piggly Wiggly (carron.doc) What They Said It Means: The Supreme Court's Year in Review Plus Other Recent Developments in ERR (thomas.doc) What to Do When the Whistle Blows or How to Blow It: Sarbanes-Oxley's Protections and Dilemmas for Lawyers (ben-asher.doc) What You Don't Know Will Hurt: COBRA Litigation When Can a Non-Target be a Victim? When Can a Non-Target Be a Victim? The Plaintiff's Perspective "When Government Contracts Meet Labor and Employment Law": An Agency Perspective (moreau.doc) When Is a Multiemployer Bargaining Unit a "Multiemployer Bargaining Unit"? (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) When is an Individual an Independent Contractor and Not an Employee When James Bond Enters the Workplace: Use and Abuses of Technology—A Guide for In-House Counsel and Litigators (kelly.doc) When Private Files Go Public: Remedies Under the Americans With Disabilities Act for Breach of Confidentiality Requirements (omelven.doc) Whistleblower Protection and the Sarbanes-Oxley Act: A Road Under Construction (greenberg.doc) Whistleblower Protections under Sarbanes-Oxley (rnr23.pdf) Whistleblower Provisions of Sarbanes Oxley: Ethical Challenges for Inside and Outside Counsel (padilla.doc) Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, The (salem.doc) Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, The (hunter.doc) Whistleblowing and Codes of Conduct in Europe (10.pdf) Whistleblowing and Sarbanes-Oxley (hermle.pdf) Whistleblowing: The Claim for the New Millennium Who Is "Disabled" Under the ADA? Some Selected Cases and Comments (eeo312.pdf) Who Is Your Client and Related Ethical Issues in Handling Employment and Immigration Cases (kaplan.pdf) Who Is Your Client in the Public Sector? (wetherbee.doc) Whole Year's Worth of Favorite Employment Defense Cases, A (And a Few Less Than Favorites) (barber.doc) Who Let the Weingarten Rights Out: The National Labor Relations Board Compounds Earlier Error by the Supreme Court (king.doc) Who's an Independent Contractor? Who's an Employee? Who's Extorting Who?: Debunking Myths About the Use of Civil RICO in Labor Disputes (mueller.doc) Whose Burden Is It Anyway? Whether Desert Palace v. Costa Makes Any Practical Difference in Litigating EEO Cases (hughes.doc) Why Discrimination Plaintiffs Should be Entitled to Broad Discovery in Arbitrations (freking.pdf) Withholding Information in the Grievance Proceedure: Is There No Penalty? - Not Always an Obvious One (withhold.doc) Withholding Information in the Grievance Proceedings: Is There No Penalty? - An Arbitrator's Perspective (sands.doc) Workers’ Compensation Medicare Set-aside (WCMSA): “The Process” (wcmsa.pdf) Worker's Compensation Settlements: Dealing with the Dreaded Health Insurance Carrier (seminar.doc) Workforce without Borders: The Role of "Citizenship Preference" in Lay-Off Decisions (alvarez.doc) Workplace Investigations (basic_lopez.pdf) Workplace Investigations: When, Who, and How (tate.doc) Workplace Investigations, When, Who and How (err24.pdf) Workplace Investigations, When, Who and How Summary (err25.pdf) Workplace Privacy Issues: Potential Pitfalls for Unwary Employers (err21.pdf) Workplace Privacy Issues: Potential Pitfalls for Unwary Employers (fidler.doc) Workplace Stress Claims Resulting from September 11th (The Labor Lawyer, Fall 2002, Vol. 18, No. 2) Workplace Violence: What Can the Union Do? (subit.pdf) Workplace Violence: What Recourse Do Individual Employees Have? (rnr18.pdf) Would You Rather be Considered a Criminal, Disciplined or Just Not Get Paid? (verbeek.doc) Writing the Law of Work on Nero's Pillars: The 1998-99 Term of the U.S. Supreme Court (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Written Word in Arbitration: Awards, The (mockaward.doc)
X - Y - Z
Year in Review: The Most Significant Recent Employment Discrimination Decisions, The (4.pdf) You Be the Judge—How Would You Handle These 15 (or so) Evidentiary and Trial Issues? (rnr19.pdf) "'You Did What?': Non-Traditional ADR to Manage Diversity Issues" (sands.pdf) Zubulake Guide to Avoiding Spoliation: Protecting Your Client, and Yourself, While Navigating the New World of E-Discovery (oneill.doc)