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A
Natalie Abbott Temporary Workers May Get "Two Bites" at Recovery Under the Employment Discrimination Laws (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Michael E. Abram Statement of the Issues Asserted to Merit En Banc Consideration (abram.doc) Gil A. Abramson Uncertain Fate of Gissel Bargaining Oders in the Circuit Courts of Appeal, The (gissel.doc) George D. Adams Forgiving You Was Easy, Now Give Me Your Address! The Dubious Origins and Questionable Validity of the Board’s Rule that, Absent a “Clear and Present Danger,” an Employer Must Furnish Strike Replacements’ Names and Addresses (adams.pdf) Steven H. Adelman Arbitration of Employment Disputes: Can It Be Required? (annual034.doc) James N. Adler Resolving Employment Disputes Without Trial (adler.doc) Review of Selected Issues and Recent Cases Related to the Arbitration of Employment Disputes Sara Adler Arbitral Decision-Making in Labor and Employment Law (35.pdf) Strategies for a Successful Mediation Facilitation of ADA Reasonable Accommodation Disputes Strategies for a Successful Mediation Strategies for a Successful Employment Mediation: 2002 (adler2.doc) The Top Ten Tips from the Trenches (adler1.doc) Miles R. Afsharnik EPLI and Its Impact on Mediations (marsh.pdf) Maria Angeles Agullo Dismissal for Objective Reasons Under Spanish Employment Law (agullo.doc) Demian S. Ahn The Good, the Bad and the Ugly: An "In"coherent Theory of Self-Help Following Section 1113 Rejection of an RLA Collective Bargaining Agreement (rlabank.doc) Richard L. Alfred More Than Rule 23: Successfully Defending Class Action Employment Law Class Actions (alfred.doc) Report of the Subcommittee on Legislative Developments Settlement Strategies in Both Pre-Certification and Post-Certification Class Action Cases (alfred.doc) Jim Allmendinger Ethics Presentation (allmendinger.doc) Beverly A. Aloisio Arbitration of Employment Disputes before and after Circuit City (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Ethical Hot Spots for Lawyers Using Technology (aloisio.pdf) William E. Altman Mandatory Arbitration of Statutory Claims Under Collectively Bargained Agreements (vercruysse.doc) Andrew M. Altschul Defense Analysis Under Faragher/Ellerth of Ms. Strong's Sexual Harassment Fred W. Alvarez EEOC Administrative Process (eeo12.pdf) Workforce without Borders: The Role of "Citizenship Preference" in Lay-Off Decisions (alvarez.doc) Roman F. Amaguin Ethical Issues in an Increasingly High-Tech Society (14.pdf) Corbett Anderson Report of the Equal Pay Act Subcommittee (anderson.doc) Edward C. Anderson Ultimate Arbitration Update - 2003: An Administrator's Perspective (anderson.doc) Lee D. Anderson Labor Unions and Class Actions: The Union Perspective on Collective Litigation Judith C. Appelbaum Covering Contraceptives in Employee Benefits Plans: A Healthy Policy for Employees and Employers Alike (samuels.wpd) Gavin Stone Appleby Report of the Subcommittee on the Family and Medical Leave Act Paula Graves Ardelean Report of the Health, Disability and Leaves of Absence Subcommittee: 2002 (absence.doc) Report of the Health, Disability and Leaves of Absence Subcommittee (adasub.doc) 1999 Annual Report of the Legislative Developments Subcommittee Report of the Subcommittee on Legislative Developments: 2000 Ronald D. Arena The Impact of the FACT Act on Employee Misconduct Investigations and Implications for FCRA and Title VII Compliance (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Jennifer J. Aresco Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act Alisa B. Arnoff The Technology Use Rights of the Non-Union Employee (arnoff.pdf) Steven J. Arsenault An Employee by Any Other Name Does Not Smell as Sweet: A Continuing Drama (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Harold Ashner Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2005 (ashner.doc) Loretta T. Attardo Plaintiff's Confidential Statement for the Mediator Ana Avendano Hoffman Plastic Compounds, Inc. v. NLRB: Courts Limit the Erosion of Legal Protections for Undocumented Workers (alvarez.doc)
B
Joel Babineaux Report of the Subcommittee on Civil Procedure Donna Bailey The Practical Side of RIFs (wong.doc) Gary L. Bailey Interest Arbitration Report (smith.doc) Jurisdiction of State Commissions (bailey.doc) Elizabeth S. Bair "Disclosure": "The Plaintiff’s Perspective (err283.pdf) Sample Mediation Statement: Sanders v. DigiCom, Meredith Johnson (err284.pdf) Orrin Baird Undocumented Workers and the NLRA: Hoffman Plastic Compounds and Beyond (hoffman.doc) Jonas P. Baker 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Hillary E. Ball Epilepsy Foundation of Northeast Ohio and the Recognition of Weingarten Rights in the Non-Organized Workplace: A Manifestly Correct Decision and a Seed for Further Progress (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Quietflex Manufacturing and the Unpredictable Case-by-Case "Balancing" of Section 7 Rights: "Liberty Finds no Refuge in a Jurisprudence of Doubt." (22.1.pdf) Matthew Ballenger The Role of Cost Allocation in the Employment Arbitration Fairness Analysis (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Morris J. Baller The Most Significant Mistakes Made by Employers from the Perspective of a Plaintiffs' Attorney (goldstein.doc) Eleanor F. Banister Employee Benefits Issues in Mergers, Acquisitions and Dispositions (banister.doc) Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) David F.E. Banks Report of the Subcommittee on the Family and Medical Leave Act Michael Banks True Challenges in EEO Lawsuits – Dealing With Compensatory and Punitive Damages in EEO Litigation (hartstein.pdf) Jeffrey C. Bannon Electronic Discovery in Employment Cases: FRCP, FUD and Common Sense (bannon.pdf) James S. Barber A Whole Year's Worth of Favorite Employment Defense Cases (And a Few Less Than Favorites) (barber.doc) Cybersmear: It's What the Internet is for, Right? (barber.pdf) Federal & State Whistleblower Laws - Emerging Issues for the Millennium: A Defense Perspective Sexual Harassment Law Since Ellerth and Faragher: A Defense Perspective Surfing the Web and Riding the Waves: Mock Discovery Conference: Electronic Discovery (err91.pdf) Thomas J. Barnes Professionalism: In the Heat of Battle (giannasi.doc) Eric L. Barnum Best Practices in Electronic Discovery (barnum.pdf) Christopher A. Barreca Labor Arbitration: A Practical Guide for Advocates Labor Arbitration: Cases and Materials for Advocates Labor Arbitrator Development: A Handbook Myra H. Barron Who's an Independent Contractor? Who's an Employee? (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Barbara D. Bart An Employee by Any Other Name Does Not Smell as Sweet: A Continuing Drama (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) David T. Barton Americans with Disabilities Act Remedies: Damages, Injunctions, Reinstatement 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Jeffrey A. Bartos National Handling in the Rail Industry: Issues Raised by BNSF v. UTU (bartos.doc) Maurice Baskin The Impact of BE&K Construction Co. v. NLRB on Employer Responses to Union Corporate Campaigns and Related Topics (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) John F. Beasley, Jr. Jury Instructions: Preparation, Presentation and Preservation: Strategies from a Plaintiff's Perspective (beasley.doc) The Prerogative of the Crown: The Path of New Federalism Reemployment Rights for Noncareer Members of the Uniformed Services: Federal and State Law Protections (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Craig Becker Drift and Division on the Clinton NLRB Towards a Rational Interpretation of the Term "Supervisor" after Kentucky River (ceresi.doc) Stephen F. Befort At the Cutting Edge of Labor Law Preemption: A Critique of Chamber of Commerce v. Lockyer (befort.doc) The Labor and Employment Law Decisions of the Supreme Court's 2003-04 Term (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Daniel Bell Report of the Subcommittee on Benefit Claims Report of the Subcommittee on the Family and Medical Leave Act Clarence Belnavis The Impact of Medical Marijuana Laws on Employment in the Wild, Wild West Jonathan Ben-Asher Arbitration of Employment Claims - An overview (ben-asher.doc) What to Do When the Whistle Blows or How to Blow it: Sarbanes-Oxley's Protections and Dilemmas for Lawyers (ben-asher.doc) David Bendana Privacy Limitations for Electronic Surveillance and Genetic Testing in the Workplace Marc Bendick, Jr. Using EEO-1 Data to Analyze Allegations of Employment Discrimination Mark W. Bennett Dragons & Other Pitfalls: A Federal Judge Reveals Shocking Truths About Employment Trials High-Tech Justice: A View from the Federal Bench on Courtroom Technology (eeo131.pdf) Quarter Century of Lessons Learned: Professionalism, Clients, On Taking Cases & Litigation, A (bennett.wpd) Peter Bennett Postscript to "How Far is Too Far?": Reed v. Lepage Bakeries, Inc. (bennett2.doc) Marcus Beresford Internet Use and Abuse (beresford.doc) Michael I. Bernstein Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act Alice O'Brien Berquist The Practical Side of RIFs (wong.doc) Rachel E. Berry Report of the Subcommittee on Ethics-1999 Connie N. Bertram Sarbanes-Oxley: A New Whistle Stop for Whistleblowers (The Labor Lawyer, Summer 2005, Vol. 21, No. 1) Micah Berul 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) Lisa Bickel Employment Torts (err26.pdf) Prof. Eduardo González Biedma Dismissal Under Spanish Legislation: Disciplinary Dismissal (spain.pdf) John R. Bielski Free Speech and Associational Rights of Public Employees: An Update (williams.doc) Maureen S. Binetti Brief of Plaintiff in Support of Motion to Compel Discovery Defendant's Brief in Opposition to Plaintiff's Motion to Compel Discovery EPLI Insurance: Is It Taking Over? The Rise of EPLI Insurance and Related Ethical Dilemmas EPLI Where There is No EPLI: Any Reason to Hope? (binetti.doc) Mary Price Birk Ethics 2000 Report and the Proposed Rule Changes as They Relate to Conflict of Interest Issues (birk.doc) Thomas Bittel How Arbitrators Think (bittel.doc) Robert Blackstone Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Nothing Up the Sleeve: Are There Any Rights When There is No Written Covenant? (blackstone.doc) Mark C. Blackwell Welfare Plans: Technical & Statutory (1999) Roger Blanpain Posting of Workers and Labour Standards in the European Union and the European Economic Area (blanpain.pdf) Marc J. Bloch Arbitration Versus the NLRB: Deferral of Charges Involving Union Requests for Information in the Collective Bargaining Context (bloch.doc) Taking off the Gloves: The Return of Hard Bargaining Tactics to the Collective Bargaining Arena Daniel B. Boatright Can We Talk: Alternatives to Litigation: The Art of Negotiation (err101.pdf) State-by-State Employment Arbitration Survey (boatright.wpd) Kathleen L. Bogas Law Firms as Model Employers (bogas.doc) John L. Bohman Subcommittee on Plan Design, Qualification and Administration (mader.doc) Stephen A. Bokat Occupational Safety and Health Law Keith R. Bolek The Aftermath of Allison: Surveying the State of the Law in the Wake of the Fifth Circuit's Decision in Allison v. Citgo Petroleum Corp. (femia.doc) Michael Bologna Chao Tells ABA That DOL Will Focus On Promoting 'Compliance Assistance' (annual6.doc) Hill Watchers Foresee Little Activity On the Labor and Employment Law Front (annual2.doc) Amy C. Bondurant Report of the Subcommittee on the Family and Medical Leave Act David Borgen Class Actions in Employment Law: How to File and Defend a Class Action-Plaintiff's Perspective An Introduction to Litigating FLSA Collective Actions for the EEO Lawyer (borgen.doc) FLSA Representative Action Litigation—The Employees' Perspective (borgen.doc) 1999-2000 Treatise Supplement: The Fair Labor Standards Act (flsasup.doc) 2002-2003 Treatise Supplement: The Fair Labor Standards Act (treatise.doc) The New White Collar Exemption Regulations (borgen.doc) Nancy Bornn Trends in Harassment (eeo292.pdf) Misi Borras Temporary Employment in Spain (borras.pdf) Phyllis C. Borzi A Brief Overview of Major Features of Pending Patient Protection Legislation: House and Senate Versions of H.R. 2990 Do You Want To Know a Secret? HIPAA's Medical Privacy Regulations (borzi.pdf) Legislation Affecting Employee Benefits: Where Things Stand Now The New Federal Medical Records Privacy Regulations: Issues for Group Health Protecting Individual Medical Records: A Description of Key Requirements of the Final Regulations Applicable to Group Health Plans (nprm.doc) Report of the Administrative and Legislative Subcommittee-1999 Mid-Winter Report of the Employee Benefits Committee Yvonne Boudreau NIOSH Response to Hurricane Katrina (boudreau.pdf) Beth A. Bourassa Report of the Subcommittee on the Family and Medical Leave Act Renée L. Bowser Substantially Limited Equal Employment Opportunity? (bowser.doc) Eugene A. Boyle Preparing Your Client For Mediation: Defendant's Perspective (boyle.doc) John F. Brady Report of the Subcommittee on Legislative Developments: 2000 J. Robert Brame, III Select Issues Before the National Labor Relations Board (eeo221.pdf) Norman Brand Discipline and Discharge in Arbitration How ADR Works (brand.pdf) Virginia L. Briggs Welfare Plans: Technical & Statutory (1999) Blair Brininger Report of the Subcommittee on Benefit Claims Judith P. Broach Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2005 (casciari.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2004 (abareport.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2002 (broach.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits Samuel Brock Choice of Law Issues in Covenant-Not-to-Compete Cases: A State-by-State Survey (brock.doc) Tortious Interference Claims Arising from Violations of Restrictive Covenants in Employment Agreements: A State-By-State Survey (statesurvey.doc) Kevin C. Brodar New Frontiers in the Electronic Age: Blogging, the Internet and E-mail – The Union Perspective (brodar.pdf) Public Policy and Due Process Exceptions to Enforceability of Arbitration Awards in the Rail Industry From a Union Perspective (brodar.doc) Revisions of Federal Rules of Civil Procedure 23 (eeo231.pdf) W. Fulton Broemer Benefit Claims and Individual Rights-1999 (Chapter 13, Formerly Known as 8) Welfare Plans: Technical & Statutory (1999) Report of the Subcommittee on Benefit Claims: 2000 Report of the Subcommittee on Benefit Claims: 2001 (bclaims.doc) Report of the Subcommittee on Benefit Claims: 2002 (benefitclaims.doc) Report of the Subcommittee on Civil Procedure Barbara Berish Brown Equal Employment Law Update Equal Employment Law Update—Since We Last Met: Major Developments Under Title VII "Mixed" Motive Cases Revisited: The Impact of Desert Palace v. Costa on Employment Litigation (eeo301.pdf) Proving and Defending Claims of Race Discrimination in Tests and Similar Selection Devices (brown.pdf) Michael R. Brown Hoffman Plastic Compounds v. NLRB - The First Step? (brown.doc) Nathaniel Brown Report of the Subcommittee on Practice and Procedure (annualreport.doc) Audrey A. Browne Class Actions in Employment Law Breakout II: How to Settle a Class Action Sherry Browning Thorny Issues Involving Leaves and Return to Work: Developing a Process for Reasonable Accommodation Stephen R. Bruce Report of the Subcommittee on Civil Procedure James J. Brudney Judicial Hostility Toward Labor Unions? Applying the Social Background Model to a Celebrated Concern 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 Labor Lawyer, Fall 2000, Vol. 16, No. 2) Carlos de Buen Unna Mexican Unionism and the NAALC Thomas B. Buescher 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) Karen M. Buesing Sexual Harassment: Effective Policies and Procedures After Faragher (buess.doc) Jennifer Burgess-Solomon Email Communication and the National Labor Relations Act (solomon.pdf) Laurie M. Burgess "Follow the Yellow Brick Road" To an Understanding of the Board's View on Supervisor Pro-Union Conduct (faulkner_cross.pdf) Patricia Ann Burke Employee Testing in the Workplace 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) Brian W. Burkett The Canadian Airline Industry Since 2000: Air Canada's Challenges and Successes (airline.doc) James A. Burns, Jr. Some Additional Resources on "Cybersmearing" (burns.doc) Andrew P. Burnside Report of the Subcommittee on the Family and Medical Leave Act Tina Burnside Advanced Retaliation Issues from the EEOC's Perspective (burnside.doc) Melinda Burrows Corporate Legal Times Articles (err241.pdf) Preparation for the Exit Interview—Conducting a Pre-Adverse Action Risk Analysis (burrows.doc) Risk Management: Guidance for Employers Conducting a Reduction in Force (burrows.doc) Staying Alive: Creating an Effective Compliance and Ethics Program to Prevent and Detect Employee Misconduct (burrows.doc) Carlos J. Burruezo Bending Over Backwards: How Far Must You Go to Accommodate a Disabled Employee? (burruezo.pdf) Robert A. Bush Brief of Appellees International Associaton of Machinists and Aerospace Workers and International Association of Machinists and Aerospace Workers, District Lodge 141-M (brief.pdf) Teresa L. Butler The FCRA and Workplace Investigations (The Labor Lawyer, Winter/Spring 2000) Carey R. Butsavage Application of "External Law" to Contractual Arbitration, a Survey or Recent Cases (butsav.doc)
C
Christopher M. Caiaccio Annual Report of the Trial Publicity, Advertising and & Solicitation Subcommittee (caiaccio.doc) Multijurisdictional Practice Issues From Management Perspective (weathersby.doc) Guerino Joseph Calemine, III Salvaging Employee Choice and Industrial Stability in the Wake of Allentown Mack: The Board's Levitz Furniture Decision (calemine.doc) Paul Callaghan EU Data Privacy: Recent Developments—Issues for a US Company Setting Up in the UK (callaghan.pdf) How Do You Say "Covenant" in French ... Spanish ... German? Enforcing Covenants Not to Compete in The International Workforce: A UK Perspective (callaghan.doc) The Retention and Disclosure of Documents in the UK from an Employment Law Perspective (callaghan.pdf) The UK's response to recent EU directives (callaghan.doc) Use of the Internet in Union Campaigns in the UK (callaghan.pdf) Claire Callanan Equal remuneration for men and women in the EU: Recent EU developments in maternity leave and related issues - Slides (beauchamps.pdf) Equal remuneration for men and women in the EU: Recent EU developments in maternity leave and related issues - Paper (callanan.doc) Margarita Sequeiro Cantos Labour Relations in the Airline Industry - The Example of Iberia (cantos.doc) Jana Howard Carey More Than Just Lip Service: Developing and Enforcing Effective Sexual Harassment Policies David J. Carr, Esq. Assignment of Covenants Not to Compete: What Happens When "Mom and Pop" Sell Out? Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Kevin L. Carr Discovery Assistance on the Internet Electronic Data: The Legal and Practical Aspects of Retrieving Electronic Data in Discovery (carr.doc) E-mail and Discovery: Developing Effective E-mail "Systems" to Minimize the Cost and Risks Inherent in Contemporary Electronic Discovery Scott A. Carroll Time Is On Your Side (Yes, It Is): Shorten Statutes of Limitations by Contract (carroll.doc) Reid Carron 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) David G. Carter Report of the Subcommittee on Ethics-1999 Mark Carter The Clean Slate Club: A Roadmap To The Resolution of Labor Disputes (carter.doc) Gauging Merit Under the First Amendment: BE&K v. NLRB (carter.doc) The Union Strategy Privilege and Civil RICO Actions Arising from Labor Disputes (carter.doc) Mark Casciari Report of Fiduciary Responsibility Subcommittee Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2005 (casciari.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2004 (abareport.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2002 (broach.doc) Gilbert F. Casellas Corporate Diversity Best Practices and Post-9/11 Responses (casellas.pdf) Enforcement Guidance: The Americans With Disabilities Act and Psychiatric Disabilities (casellas.wpd) James C. Casey Report of the Subcommittee on Practice and Procedure (annualreport.doc) David A. Cathcart Defendants' Additional Brief in Support of Summary Judgment Defendants' Statement of Undisputed Facts Order Directing Parties to Provide Additional Briefing Eugene S. Cavallucci Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act Roxella T. Cavazos Report of Subcommittee on Criminal Enforcement-2000 Report of Subcommittee on Criminal Enforcement-2001 (crim.wpd) Report of Subcommittee on Criminal Enforcement-2004 (criminal.wpd) Report of Subcommittee on Criminal Enforcement-2005 (cavazos.doc) Claudia Center Psychiatric Disabilities in the Workplace: Recent Circuit Court Case Law Under the Americans with Disabilities Act (center.doc) Diana Orantes Ceresi Towards a Rational Interpretation of the Term "Supervisor" after Kentucky River (ceresi.doc) Carolyn Chalmers A Proposal for an Agreement to Mediate (chalmers01.pdf) Lawyers Working as Mediators: New Ethical Guidelines (chalmers02.pdf) Gina M. Chang Report of the Equal Pay Act Subcommittee: 2004 (chang.doc) Report of the Equal Pay Act Subcommittee: 2005 (chang.doc) Report of the Subcommittee on The Family and Medical Leave Act: 2006 (fmlareport.doc) Catherine M. Chapman American Bar Association is Committeed to Increasing Diversity (chapman.wpd) William R. Charyk Structuring Executive Compensation Arrangements (charyk.doc) Tonya E. Chatton Last Chance Agreements (chatton.doc) Paul Jordan Cherner 1999 Annual Report of the Privacy and Collateral Torts Subcommittee David Chonin Technology and the Americans with Disabilities Act (chonin.pdf) Thomas Christopher 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Reasonable Accommodation Under the Americans With Disabilities Act: Recent Developments Penelope A. Chronis Self-Audits: Establish Your I-9 Compliance System Before the Government Auditors Arrive (chronis.doc) Jennifer E. Chung Trends in Workplace Litigation: The Rising Popularity of FLSA Class Actions 1997-1998 Treatise Supplement: The Fair Labor Standards Act 1998-1999 Treatise Supplement: The Fair Labor Standards Act Andrea R. Clark Military Leave: Policy and Procedure Considerations for Private Sector Employers (clark.doc) Anne L. Clark Recent Cases on Effective Sexual Harassment Policies and Procedures Denise M. Clark Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-1999 Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2000 Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2001 (erisa.wpd) Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2002 (clark.wpd) Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2005 (clark.doc) Julia Akins Clark Use of Electronic Mail in Union Organizing Campaigns (clark.doc) Stefan Clauwaert European Social Dialogue: Practical Application to Difficult Issues (clauwaert.pdf) Jeffrey N. Clayton Report of the Administrative and Legislative Subcommittee-1999 Mid-Winter Report of the Employee Benefits Committee Robert L. Clayton The NLRB's Authority and Procedures for Issuance of Investigative Subpoenas (authority.pdf) Richard S. Cleary National Labor Relations Board Update Frederick G. Cloppert, Jr. Bargaining Unit Determination (cloppert.doc) Report of the Subcommittee on Jurisdiction of State Committees and Bargaining Unit Determinations (cloppert.doc) Montgomery W. Cobb Safety Rules on the West Coast (cobb.doc) David Cockburn Trade Union Recognition in the UK (cockburn.doc) Charles I. Cohen Neutrality Agreements: Will the NLRB Sanction Its Own Obsolescence? Neutrality Agreements: Will the NLRB Sanction Its Own Obsolescence? (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Neutrality Agreements and the NLRB (cohen.doc) A Retrospective on 25 Years of the Law Under the National Labor Relations Act* Selected Changes in Policy Gleaned from the New Unfair Labor Practice Case Handling Manual (cohen.doc) The Developing Law of Neutrality Agreements (cohencharles.doc) Daniel G. Cohen Americans with Disabilities Act ("ADA") and The Family and Medical Leave Act ("FMLA") Douglas Cohen TrialGraphix: New Technologies from Discovery Through Trial (cohen.pdf) TrialGraphix / 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) George Cohen The SAG/AFTRA Consolidation & Affiliation Plan: To Be or Not To Be ... An Ongoing SAGA Revisited (cohengeorge.doc) Marcia S. Cohen Litigating Discrimination Claims with the EEOC: A Primer on Intervention Nancy L. Cohen The Basics: Ethical Issues in Labor and Employment Law, (cohen.doc) Conflict of Interest Issues Associated with the Simultaneous Representation of Two or More Plaintiffs (cohen.doc) Ethics & Employment Law (cohennancy.doc) Lois Wagman Colbert Subcommittee on Plan Design, Qualification and Administration (mader.doc) Gerry Cole Retirement Plan Design, Qualification and Administration John Coleman HIPAA Privacy-A New World for Employers (hipaa.pdf) The Legal Challenges of Workplace Violence (coleman.doc) Terry Collingsworth Using the Alien Tort Claims Act to Hold Multinationals Accountable for Human Rights Violations in U.S. Federal Courts (5.pdf) Jo Ann P. Collins Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2000 Michael J. Collins It's Common, but Is It Right? The Common Law of Trusts in ERISA Fiduciary Litigation (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) James Colliton Report of Fiduciary Responsibility Subcommittee Rosemary M. Collyer Video-Taping - A Dual Standard: Rights and Obligations of Unions and Employers William Colwell 1998-1999 Treatise Supplement: The Fair Labor Standards Act Hope A. Comisky Temporary Workers May Get "Two Bites" at Recovery Under the Employment Discrimination Laws (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Thomas J. Conley Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Restrictive Covenant Forms Kevin J. Conlon The Arbitration Setting and the Tension Between Due Process, Expedited Proceedings, "Winning," and Ongoing Cooperative Relationships Theresa M. Connolly The Interactive Process Under the Americans with Disabilities Act (connolly.doc) David M. Cook Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Procedural Aspects of Litigating ERISA Claims Section 510 Litigation (cook.wpd) Christine Godsil Cooper Genetic Testing in the Workplace: 2001 Update (cooper.doc) Important Differences Between Labor Arbitration and Employment Arbitration: The Perspective of an Arbitrator Whose Day Job is Academic (cooper.doc) 2001 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (coltort.doc) 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Craig M. Cornish 2005 Privacy Subcommittee Annual Update (cornish02.doc) 2002 Privacy in the Workplace Update (cornish.doc) 2001 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (coltort.doc) 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Anti-Privacy Disclaimers: How Courts are Permitting Employer Notices of Intrusive Conditions of Employment to Eliminate Privacy in the Workplace (cornish.doc) Medical Privacy in the Workplace: 1999 Update Privacy in Electronic Communications at Work (cornish.wpd) Gregg M. Corwin Subjective Decisionmaking: Proper or Problematic? (corwin.pdf) Track 1: Disparate Impact: The Most Recent Word on This Long-Standing Discrimination Theory, Including the New Ways of Proving Disparate Impact and Whether It is Available in All Discrimination Areas, Including Age Discrimination (corwin.pdf) Joseph J. Costello When is an Individual an Independent Contractor and Not an Employee Pamela Coukos The Plaintiff's Perspective on Discovery and Motion Practice for "Glass Ceiling" Class Actions (coukos.pdf) Title VII Class Actions after Allison v. Citgo Petroleum, Inc. William B. Cowen An Argument That the WARN Act Does Not Allow Plaintiffs to Recover Non-ERISA Benefits (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Jordan W. Cowman Issues in International Labor Law: Problems in Drafting Contracts (cowman.doc) Matthew Coyle The Model Rules of Professional Conduct and the In-House Practice of Law (ethics.doc) Douglas B. Cox Changing the Traditional Grievance and Arbitration Model: Alternative Dispute Resolution Provisions in Air Force Collective Bargaining Agreements Laura Cox Applicant's Closing Skeleton Argument Jennifer A. Coyne Federal Aviation Act Whistleblower Protection Program 49 USC Section 42121 (coyne.doc) Terence G. Craig Report of Subcommittee on Collective Bargaining and Employee Benefits (2002) (craig.doc) Report of Subcommittee on Collective Bargaining and Employee Benefits (2000) Report of Subcommittee on Collective Bargaining and Employee Benefits (1999) Catharine W. Crane 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Charles B. Craver Clinton Labor Board: Continuing a Tradition of Moderation and Excellence, The Ethical Issues Pertaining to Labor and Employment Law Practice The Judicial Disabling of the Employment Discrimination Provisions of the Americans with Disabilities Act (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Clay D. Creps How Far is Too Far? Employee Misconduct and the Americans with Disabilities Act (bennett1.doc) George S. Crisci Scope of Bargaining: Mandatory Subjects of Bargaining: 2006 (crisci.doc) Scope of Bargaining: Mandatory Subjects of Bargaining: 2005 (crisci.doc) Craig A. Crispin Clackamas Gastroenterology v. Wells (crispin.doc) J. Bruce Cross "Follow the Yellow Brick Road" To an Understanding of the Board's View on Supervisor Pro-Union Conduct (faulkner_cross.pdf) Cara Yates Crotty Applying the Supreme Court's Affirmative Defense to Supervisor Harassment (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Melanie Crowley Incentive Schemes and Stock Option Issues in Ireland (crowley.doc) Marjorie R. Culver Racial and Ethnic Equality in the EU: Reconciling the Aims of Discrimination Legislation and Privacy Protection (culver.pdf) Eileen M. Cunningham The RICO Trusteeships after Twenty Years: A Progress Report (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Justin T. Curley Evaluating Eligibility for FMLA Leave: Federal Case Law Underscores the Need for Informed Decision Making (The Labor Lawyer, Summer 2006, Vol. 22, No. 1) Robin Curtis Interplay Between the Americans with Disabilities Act ("ADA") and the Railway Labor Act ("RLA") Discussion Points 3 through 6, The
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Joel A. D'Alba Constitutional Law Committee (dalba.doc) Suing City Hall and the Mayor, Too: Absolute Immunity in Section 1983 Cases Does Not Necessarily Mean all Employee Terminations are Exempt from Liability Lisa Damon Hot Topics in Diversity (damon.doc) Barbara Jean D’Aquila Preparation of a Discovery Plan (eeo31.pdf) Tim Darby Extraterritorial Application of U.S. Law [New Chapter] International Labor and Employment Laws, Volume II (sweden01.pdf) International Labor and Employment Laws, 2003 Cumulative Supplement to Volume II (sweden02.pdf) Linda M. Dardarian Theft Prevention: How to Protect Class Members from Reverse Auctions (dardarian.doc) Harold J. Datz Alternative Routes to Union Representation (datz.doc) Significant ULP Cases in 2001 (ulpcases.doc) Unfair Labor Practice Cases in 1999 Alison Daugherty 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee James E. Davidson Double Trouble: Lawsuits Brought by Alleged Sexual Harassers Following Termination or Demotion Haven't We Addressed This Issue Before? Recent Noteworthy Cases Applying the Doctrines (2000-2001) (davidson.doc) The Other Victims of Sexual Harassment: Unfairly Accused or Fairly Accused but Unfairly Discharged Perpetrators George N. Davies Neutrality Agreements: Basic Principles of Enforcement and Available Remedies Neutrality Agreements: Basic Principles of Enforcement and Available Remedies (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) RICO—Not Just for Gangsters Anymore (luce.doc) Alison N. Davis EEO Update: Developments in Title VII Discrimination Law (davis.doc) Doreen S. Davis “Help Me Make It Through the Night” – I’m Not Sure What’s Coming Next Brown University, 342 NLRB No. 42 (2004). Can a Reversal of Boston Medical Center Be Far Away? (davis.pdf) Kathryn M. Davis Banners, Rats, and Other Inflatable Toys: Do They Constitute Picket Activity? Do They Violate Section 8(b)(4)? (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Martin L. Dean Practice Developments: Ethical Issues for the Electronic Age Labor and Employment Law Practitioner (mdean.doc) Ronald Dean ERISA Basics: Preemption (Update) ERISA Update: The Top Eleven Issues Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Dana Deane Family Medical Leave Act: Significant Recent Cases (March 1999) Mark Debofsky Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2005 (casciari.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2004 (abareport.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2002 (broach.doc) Report of the Subcommittee on Employment Discrimination and Employee Benefits, 2000 Christopher W. Deering Report of the Subcommittee on the Family and Medical Leave Act Roger M. Deitz Experts in Mediation: Catalysts for Resolution Michael Delikat Drafting Lawful Releases (delikat.doc) Evidence and Procedure in EEO Cases (eeo35.pdf) Jeffrey B. Demain Interplay Between the Americans with Disabilities Act ("ADA") and the Railway Labor Act ("RLA") Discussion Points 1 and 2, The Parker Denaco 1999 Report of the Committee on State and Local Government Bargaining and Employment Law R.V. Denenberg Attorney's Guide to Drugs in the Workplace Tia Schneider Denenberg Attorney's Guide to Drugs in the Workplace Frederick W. Dennerline, III Report of the Subcommittee on Collective Bargaining and Employee Benefits: 2004 (wolf.doc) Report of the Subcommittee on Collective Bargaining and Employee Benefits: 2005 (wolf.doc) Sarah Holt Dennis Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2005 (clark.doc) Archangela M. DeSilva Retaliation Issues Under Sarbanes Oxley (desilva.doc) Jeffrey A. DeVree Public and Exempt Organizations Plans, 1999 Douglas E. Dexter Accessing Employee E-Mail, Voice Mail and Internet: Checking Your Privacy Rights at the Front Door (dexter.doc) Employee Misuse of Employer's Technology (dexter.pdf) Secret Taping of Conversations in Employment Disputes (dexter-stewart.pdf) Ellen Dichner MV Transportation, 337 NLRB No. 129 (2002): Once Again the Board Revisits the Issue of Whether an Incumbent Union is Entitled to an Irrebuttable Presumption of Continuing Majority Status in Successorship Situations (dichner.doc) Mark S. Dichter Arbitration of Employment Claims (dichter1.doc) Ethical Issues in Employment Litigation The Recent Trend in Sex and Other Discrimination Claims: Pay and Promotion Under Scrutiny (dichter.doc) James R. Dickens Negligent Infliction of Emotional Distress in Employment Settings Kathryn Burkett Dickson Sexual Harassment Litigation Strategies, Tactics, Discovery Issues and Motions in Limine: A Plaintiff's Perspective The Use of Technology at Trial: Tools, Rules and Techniques (eeo132.pdf) Tracy A. Diekemper Report of the Subcommittee on the Family and Medical Leave Act Gilmore F. Diekman, Jr. Summary of Background Facts for Oral Argument on Scope of Rule 35 Examination Nicholas Digiovanni, Jr. Taking Another Look At Workplace Rules—Employer Free Speech Versus Employee Rights Neil Dishman The Expanding Rights of Transsexuals in the Workplace (The Labor Lawyer, Fall 2005, Vol. 21, No. 2) Joshua L. Ditelberg Best Practices: Reductions in Force, Business Restructuring and Reorganization (eeo62.pdf) Alicia Dixon 1997-1998 Treatise Supplement: The Fair Labor Standards Act Yvonne T. Dixon Civility and Other Professionalism Issues: National Labor Relations Board Hearings and Other Proceedings (dixon.doc) Opportunities for Women in the Practice of Labor & Employment Law Robert M. Dohrmann A Union Lawyer's Strike Diary (dohrmann.doc) Kenneth R. Dolin The Supreme Court's Rejection of Excluding "Ordinary Professional or Technical Judgment" as Independent Judgment when Directing Employees: Does Kentucky River Mean Lights Out for Mississippi Power? (dolin.doc) Joan Majarian Dolinsky EPLI Insurance Coverage - An Overview Fiduciary Liability Coverage - An Overview Mary Dollarhide Basic Equal Employment Opportunity Practice (dollarhide.pdf) William F. Dolson Labor Arbitration: A Practical Guide for Advocates Labor Arbitration: Cases and Materials for Advocates Erica J. Dominitz A Commentary on Professor Morris's Comparison of Discrimination for Union Activity Under the NLRA and RLA Bernice B. Donald Disparate Impact Under the ADEA (donald.doc) The Ten Commandments for Invoking, Preserving and Sustaining Claims of Privilege and Protection (donald02.doc) True Challenges in EEO Lawsuits – Dealing With Compensatory and Punitive Damages in EEO Litigation (hartstein.pdf) Laurence J. Donoghue 2004-2005 Update: Violence in the Workplace (donoghue.doc) Tony P. Douaihy Report of the Subcommittee on the Family and Medical Leave Act Stacey Dougan The Impact of Domestic Violence on Your Legal Practice (dougan.pdf) Brian J. Dougherty Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-1999 Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2000 Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2001 (erisa.wpd) Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2002 (clark.wpd) Subcommittee on Plan Design, Qualification and Administration (dougherty.doc) Donald C. Dowling, Jr. Practice of International Labor & Employment Law: Escort Your Labor/Employment Clients into the Global Millennium (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) William E. Doyle, Jr. Implications of Smith v. City of Jackson on Equal Pay Act Claims and Sex-Based Pay Discrimination Claims Under Title VII (The Labor Lawyer, Fall 2005, Vol. 21, No. 2) Allan Drachman 2005 Report of the Subcommittee on Impact of Federal Legislation (hawks.doc) Denise Drake Employment Rights and Responsibilities Relating to Privacy in the Workplace (drake.doc) Report of the Subcommittee on Legislative Developments Elizabeth Drake International Sources of EEO Standards: International Trade Rules and Investment Conditions (drake.pdf) Richard Drogin Use of Statistical Evidence in Employment Discrimination Litigation (drogin.doc) Keith A. Dropkin Liability Issues Unique to Welfare Plans Jacquelin F. Drucker The AAA’s New Employment Arbitration Rules and Their Effect on Disclosure Obligations (40.pdf) Discovery in Arbitration: Arbitral Authority to Direct Discovery and to Impose Sanctions (drucker.doc) Effective Advocacy in Employment Arbitration (drucker2.doc) Emerging Issues in Arbitration Ethics (drucker.doc) Ethics in Employment Arbitration: The Arbitrator's Disclosure Obligations and the Parties' Right to an Informed Choice of Decisionmaker (drucker.doc) Ethics in Labor and Employment Arbitration (drucker.doc) Is There a Wright Way? 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) Lisa Duarte Sexual Harassment From Investigation to Settlement (duarte.wpd) D. Jan Duffy E-Learning for the L and E-Lawyer (jduffy.doc) Hi-Tech Scores Low: Ageism, IT Culture & Older Workers (duffy-minnard.doc) Using Technology to Establish and Maintain Effective Harassment Prevention and Correction Programs: Focus on Education (duffy.doc) Web-Based Training on Employment Law Issues (eeo51.pdf) Dennis P. Duffy Selected Ethics and Professionalism Issues in Labor and Employment Law Cases (duffy.doc) Seletected Topics on Ethics and Professionalism (duffy1.doc) Felice Duffy Report of the Subcommittee on Civil Procedure Scott H. Dunham Criminal Prosecutions: When Referred, When Not; Why or Why Not (dunham.pdf) David Dunn Intellectual Property Issues for Employment Lawyers: Current Issues and Developments (dunn.doc) Anne-Marie Dupuy Termination of the Personnel Representative's Employment Contract (dupay.doc) Xavier S. L. DuRan Spoliation of Evidence (duran.pdf)
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William M. Earnest The Arbitration Setting and the Tension Between Due Process, Expedited Proceedings, "Winning," and Ongoing Cooperative Relationships Tami A. Earnhart When Employees with Psychiatric Impairments Ask for Time Off, What Protections Do the FMLA and the ADA Provide to Employees and Employers? (earnhart.doc) Robert N. Eccles Fiduciary Litigation Under ERISA (dean.doc) Lori D. Ecker Employer Liability for Harassment Post-Faragher and Ellerth: EEOC Enforcement Guidance and Appellate Court Decisions The Practical Effect of the Affirmative Defenses Enunciated in Faragher and Ellerth: What Plaintiffs Need to Plan for and Do Christopher P. Edelson Developments in Employment Discrimination Law: Emphasizing the Law of Sexual Harassment Kathleen S. Edwards Insurance Coverage for Employment Practices Claims/Suits Linda M. Edwards Discipline or Accommodation? Employer Responses to Misconduct and Poor Performance of Disabled Employees Nicole Eichberger Benefit Issues in the Evolving Concept of "Family" (shapiro.pdf) Cases and Issues in Cash Balance Plan Litigation (The Labor Lawyer, Summer 2006, Vol. 22, No. 1) Gary B. Eidelman Primer on Successorship: Practical and Legal Implications Susan N. Eisenberg 2004-2005 Treatise Supplement: The Fair Labor Standards Act (eisenberg.doc) 2003-2004 Treatise Supplement: The Fair Labor Standards Act (midwinter05.doc) 2002-2003 Treatise Supplement: The Fair Labor Standards Act (treatise.doc) Stacey R. Eisenstein Emerging Technology in the Workplace (eisenstein.doc) David W. Elbaor Report of Subcommittee on Criminal Enforcement-1999 Report of Subcommittee on Criminal Enforcement-2000 Report of Subcommittee on Criminal Enforcement-2001 (crim.wpd) Report of Subcommittee on Criminal Enforcement-2004 (criminal.wpd) Leonard T. Elzie Statistical Evidence in Employment Discrimination (haworth.doc) Kathryn M. Engdahl Sexual Harassment Trends: In the Wake of Faragher, Ellerth, and Oncale: Plaintiff's Perspective (engdahl.wpd) Sheila Engelmeier What Are the Courts Saying About Boorish Behavior and Violence in the Context of a Sexual Harassment Cast (engelmeier.pdf) Chris Engels Information and Consultation Pitfalls Created by European Employment (engel.pdf) Frederick J. Englehart Arbitration Versus the NLRB: Deferral of Charges Involving Union Requests for Information in the Collective Bargaining Context (bloch.doc) Janine P. Englehart Do All No-Strike Clauses Prohibit Work Stoppages? Peter J. Ennis Medical Privacy in the Workplace: 1999 Update James E. Erwin Report of the Subcommittee on the Family and Medical Leave Act Samuel Estreicher 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) Review of The Supreme Court's Labor and Employment Docket, O.T. 2005 (The Labor Lawyer, Fall 2005, Vol. 21, No. 2)
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Matthew T. Fagnani Trends in Drug Testing Michael A. Faillace 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 (The Labor Lawyer, Winter/Spring 2000) Ellen A. Farrell The NLRB General Counsel's Approach to Lawsuits as Unfair Labor Practices after BE & K (farrell.doc) Andrew B. Faulkner "Follow the Yellow Brick Road" To an Understanding of the Board's View on Supervisor Pro-Union Conduct (faulkner_cross.pdf) Fred Feinstein Challenge of Being General Counsel, The Joan Feldman The Essentials of Computer Discovery (feldman.doc) Evidence With A Byte (byte.pdf) Shirley Feldman-Summers Analyzing Anti-Harassment Policies and Complaint Procedures: Do They Encourage Victims to Come Forward? (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Alfred G. Feliu 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Tortious Interference with Contract (feliu.doc) 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Opinion and Award Nicholas R. Femia The Aftermath of Allison: Surveying the State of the Law in the Wake of the Fifth Circuit's Decision in Allison v. Citgo Petroleum Corp. (femia.doc) Laura C. Fentonmiller Law Firms as Model Employers (bogas.doc) Louise Ann Fernandez Developing Labor Law: Lockout Presentation (fernandez.pdf) David R. Fernstrum 2001 Report of the Subcommittee on Rights of Union Members and Non-Members (ferns.wpd) Suing City Hall and the Mayor Too! Litigation of Constitutional and Section 1983 Employment Issues Molly Nelson Ferrante Insurance Coverage for Employment Practices Claims/Suits John S. Ferrer “Help Me Make It Through the Night” – I’m Not Sure What’s Coming Next Brown University, 342 NLRB No. 42 (2004). Can a Reversal of Boston Medical Center Be Far Away? (davis.pdf) Tess J. Ferrera Liability Issues Unique to Welfare Plans Stephanie Fidler Potential Pitfalls for Unwary Employers (fidler.doc) Workplace Privacy Issues: Potential Pitfalls for Unwary Employers (err21.pdf) Marta Figueroa Ethical Issues in Unfair Labor Practice Cases (ethicalissues.doc) Parisis G. Filippatos Whistleblowing: The Claim for the New Millennium Frederick B. Finberg How Far is Too Far? Employee Misconduct and the Americans with Disabilities Act (bennett1.doc) James M. Finberg Certification of Employment Discrimination Actions After the Passage of the 1991 Civil Rights Act: (b)(2) or Not (b)(2), That is the Question Documents Relating to the Case of Derrick Satchell, et al v. FedEx Express (finberg.pdf) Expert Witnesses in Employment Litigation: Sample Expert Report Fair Labor Standards Act and State Wage/Hour Claims (44.pdf) Matthew W. Finkin The Law of Employer Control and Monitoring of Employee E-Mail and Internet Use in the United States (finkin.wpd) Law Reform American Style: Thoughts on a Restatement of the Law of Employment (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Randi L. Firus Discovery Issues in Employment Earnings Damages: Garbage In, Garbage Out Rebecca Fischer Selected ADA/Rehabilitation Act Employment Cases Ric Fischer Top 10 Signs that Your Labor and Employment Attorney is Unprofessional (top10.pdf) R. Michael Fischl Boundary Disputes: The Legality of Employer Restrictions on Employee E-mail Organizing (fischl.pdf) Robert B. Fitzpatrick How Lawyers Can Promote Responsible Use of Medical Experts in Americans With Disabilities Act Litigation (fitzpatrick.doc) Mark G. Flaherty Preemption and Exclusivity-Highlights in 2001 (flaherty.doc) 2001 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (coltort.doc) 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Medical Privacy in the Workplace: 1999 Update Aleksandra Minkowicz-Flanek Relocation and Offshore Outsourcing: A Polish Perspective (flanak.pdf) Matthew John Flanary Public and Exempt Organizations Plans, 1999 Welfare Plans: Technical & Statutory (1999) Howard Flaxman Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act Randy A. Fleischer Basic Equal Employment Opportunity Practice Settling Claims - The Plaintiff's View Settling Claims - The Plaintiff's View (1999 Annual Meeting) Joseph Z. Fleming Ethical Problems in Labor and Employment Litigation (fleming.pdf) Rod M. Fliegel Evaluating Eligibility for FMLA Leave: Federal Case Law Underscores the Need for Informed Decision Making (The Labor Lawyer, Summer 2006, Vol. 22, No. 1) The Impact of the FACT Act on Employee Misconduct Investigations and Implications for FCRA and Title VII Compliance (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Lourdes Martin Florez Nature of Stock Options from a Labor Point of View and Their Impact on Dismissals (florez.doc) Adam S. Forman He’s a Blogger, She’s a Blogger, Wouldn’t You Like to Be a Blogger Too? (forman.pdf) Gregory Fortescue Running Late With Nowhere to Go: Searching for Enforcement of Federal Unemployment Insurance Timeliness Regulations after Gonzaga University v. Doe (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) David S. Fortney An Update on Religious and National Origin Discrimination Post-September 11 (fortney.doc) Elaine Saphier Fox ABA Basic National Labor Relations Act Stephen E. Fox Cybersmear: It's What the Internet is for, Right? (barber.pdf) Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms False Light and Misappropriation of Likeness (err275.pdf) David K. Fram ADA Update: Developments Affecting Definition of "Direct Threat" ADA Update: Developments Affecting Definition of "Disability"-2002 (fram.wpd) ADA Update: Developments Affecting Definition of "Disability" John J. Franczyk Multiemployer Plan Withdrawal Liability, 1999 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2000 Mid-Winter Report Asher I. Frankel Selected Topics in U.S. Immigration Law Presented to the ABA Section of Labor & Employment Law (frankel.doc) Delner Franklin-Thomas Federal Anti-Employment Discrimination Laws What They Said It Means: The Supreme Court's Year in Review Plus Other Recent Developments in ERR (thomas.doc) Jessica Franzen Developing Issues in Retaliation Law (seville.doc) Randolph H. Freking Can Unions Waive Individual Employees' Claims or Whose Rights Are They Anyway? Why Discrimination Plaintiffs Should be Entitled to Broad Discovery in Arbitrations (freking.pdf) Jeffrey Freund The Good, the Bad and the Ugly: An "In"coherent Theory of Self-Help Following Section 1113 Rejection of an RLA Collective Bargaining Agreement (rlabank.doc) Kimberly Friday The RICO Trusteeships after Twenty Years: A Progress Report (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Laura B. Friedel Report of the Equal Pay Act Subcommittee (friedel.doc) Edward A. Friedman Valuing Company Stock Option Compensation in Litigation (staller.pdf) Margery Sinder Friedman Report of the Subcommittee on Employment Discrimination and Employee Benefits Report of the Subcommittee on Ethics-2004 (ethicsreport.doc) Ron Friedmann The Future of Technology in Law Practice (friedman.pdf) Richard D. Fries Managing Employee Attendance: FMLA, ADA and Workers' Compensation Jonathan C. Fritts “Help Me Make It Through the Night” – I’m Not Sure What’s Coming Next Brown University, 342 NLRB No. 42 (2004). Can a Reversal of Boston Medical Center Be Far Away? (davis.pdf) Selected Changes in Policy Gleaned from the New Unfair Labor Practice Case Handling Manual (cohen.doc) The Developing Law of Neutrality Agreements (cohencharles.doc) Buse Heberer Fromm German Labor Law is Already Integrated into an International Regulatory System (fromm.doc) John F. Fullerton III Bargaining Unit Consolidations: One Union or Two? (The Labor Lawyer, Winter/Spring 2005, Vol. 20, No. 3) Cecily M. Fuhr State Plan Developments for 2005-2006 (killeen.doc)
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John Gaal 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Recent Developments in the Employment Torts of Negligent Hiring, Retention and Supervision (hiring.doc) Selected Ethical Issues in the Discovery Process (eeo161.pdf) Joan T.A. Gabel An Analysis of the Burlington and Faragher Affirmative Defense: When Are Employers Liable? (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) John J. Gallagher An Unhappy Crossroads: The Interplay of Bankruptcy and Airline Labor Law (gallagher.doc) Monica Gallagher Proposed New Regulations for 29 CFR Part 541 (gallagher.doc) Sean R. Gallagher Cybersmear: It's What the Internet is for, Right? (barber.pdf) Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Restrictive Covenant Forms Surfing the Web and Riding the Waves: Mock Discovery Conference: Electronic Discovery (err92.pdf) Michelle M. Gallardo What They Said It Means: The Supreme Court's Year in Review Plus Other Recent Developments in ERR (thomas.doc) Dan R. Gallipeau How to Deal with the Jury (gallipeau.doc) Michelle K.B. Garcia Federal & State Whistleblower Laws - Emerging Issues for the Millennium: A Defense Perspective Elizabeth Garfield Deferral of Information Disputes: A Game of Blind Man's Bluff (garfield.pdf) Brent Garren The High Road to Section 7 Rights: The Law of Voluntary Recognition Agreements (garren.doc) Joseph D. Garrison The Arbitration Setting and the Tension Between Due Process, Expedited Proceedings, "Winning," and Ongoing Cooperative Relationships Michael J. Garrison Limiting the Protection for Employees from Compelled Noncompete Agreements under State Whistleblower Laws: A Critical Analysis of MAW v. Advanced Clinical Communications (The Labor Lawyer, Winter/Spring 2005, Vol. 20, No. 3) Thomas C. Garwood, Jr. Suing City Hall, and the Mayor Too! Procedural Issues and Defenses for Section 1983 Proceedings M. Teresa Gavigan ADA Reasonable Accommodation in the Unionized Setting Darrell S. Gay Beyond Our Borders: An International Perspective of the Evolving Definition of Family and Its Effect on Employment Laws and Benefits (gay.doc) Amy Gaylord “On the Road Again” (To Organizing) Dana Corp., 341 NLRB No. 150 (2004)(gaylord.pdf) Jon A. Geier Pay Equity in the New Millennium: How to Prepare For and Avoid Pay Discrimination Claims An Unhappy Crossroads: The Interplay of Bankruptcy and Airline Labor Law (gallagher.doc) Wendy Kay Genz Report of the Subcommittee on the Family and Medical Leave Act Melisa C. George Medicare Issues in Workers' Compensation Settlements (george.wpd) Robert A. Giannasi Professionalism: In the Heat of Battle (giannasi.doc) Cynthia L. Gibson Report of the Subcommittee on the Family and Medical Leave Act Roman Gil What is Mobbing? And What Isn't ... (gil.doc) Alissa L. Gilfand Recent EAJA Decisions and Notable Issues (10_001.pdf) Susan Gilfillan 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Carol L. Gillam Using Themes At Trial: What Jurors Want and Ignore, and Getting the Most From Witnesses (29.pdf) Vickie A. Gillio Jurisdiction of State Commissions (bailey.doc) Thierry Gillot Incentive Schemes and Stock Option Issues (gillot.doc) Whistleblowing and Codes and Conduct in Europe (10.pdf) Eugene S. Ginsburg Report of Historian of the Committee on ADR in Labor and Employment Law (historian.wpd) Gilbert J. Ginsburg A Management Attorney Looks at the Service Contract Act, The Davis-Bacon Act and the New Methodology (ginsburg.doc) Stephanie Gironda Employer Inquiries and Disclosure of Employee Legal Drug Use under the Americans With Disabilities Act Marvin Gittler A Primer on Sexual Harassment (err81.pdf) Mona Glanzer Collective Bargaining and Employee Benefits Norm Gleichman 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) Jeremy J. Glenn Recent Developments Under the WARN Act and the EPPA: 2004 (glenn.doc) Recent Developments Under the WARN Act and the EPPA: 2005 (warn.doc) Recent Developments Under the WARN Act and the EPPA: 2006 (glenn.doc) Gregory Gochanour Mediation of Consent Decrees to Resolve Class Wide Claims of Employment Discrimination by Private Plaintiffs' Counsel and the EEOC (steele.doc) Deborah Godwin Video Taping - A Dual Standard? Rights and Obligations of Unions and Employers - Randell Warehouse and Colgate-Palmolive Monica L. Goebel Hidden Liabilities in the Contingent Workforce: Guidelines and Tips for Management (goebel.doc) Edward P. Goggin Elkouri and Elkouri: How Arbitration Works Wayne Gold Electronic Filings With the National Labor Relations Board: A Practical Guide (gold.pdf) Michael J. Goldberg Law, Labor, and the Mainstream Press: Labor Day Commentaries on Labor and Employment Law, 1882-1935 Linda O. Goldberg Discrimination and Employee Benefits HIPAA Privacy Rules (eeo252.pdf) Stephen B. Goldberg A Modest Proposal for Better Integrating Collective Bargaining and Interest Arbitration (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) Joseph M. Goldhammer 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) David I. Goldman Union Discovery Privileges: Protecting Union Documents and Internal Information from Subpoena (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Barry Goldstein The Most Significant Mistakes Made by Employers from the Perspective of a Plaintiffs' Attorney (goldstein.doc) Irwin L. Goldstein Current Best Practices for Human Resource Processes (eeo54.pdf) Stuart J. Goldstein Merit Pay Proposals and Related Compensation Plans: Detroit Typographical Union v. NLRB and McClatchy Newspapers Revisited (weitz.doc) Merit Pay Proposals and Related Compensation Plans: Detroit Typographical Union v. NLRB and McClatchy Newspapers Revisited (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Janice Goodman Mandatory Arbitration of Statutory Employment Claims (goodman.doc) Karen M. Goodman Ethics in Settlement: Lawyer Gamesmanship and Misrepresentation during Negotiations (goodman.doc) Laurence M. Goodman Merit Pay Proposals and Related Compensation Plans - Detroit Typographical Union v. NLRB and McClatchy Newspapers Revisited (The Labor Lawyer, Summer 2002, Vol. 18, No. 1) Rosalind M. Gordon Best Practices: Reductions in Force, Business Restructuring and Reorganization (eeo62.pdf) Media Relations Tips for Companies (gordon.doc) Prevention of Critical Incidents in the Workplace (gordon.pdf) Julie L. Gottshall 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Praveen Goyal 1997-1998 Treatise Supplement: The Fair Labor Standards Act Stephanie Graham Trends in Harassment: Ethics, Confidentiality and Privilege Issues in Harassment Investigations (eeo291.pdf) Jean-Sebastien Grange Termination of the Personnel Representative's Employment Contract (dupay.doc) Samantha C. Grant Public Policy and Contractual Exceptions to the Employment At-Will Doctrine: 2006 (basics_grant.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 (err22.pdf) Merrit J. Green An Argument That the WARN Act Does Not Allow Plaintiffs to Recover Non-ERISA Benefits (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Michael Z. Green Are There Ethical Issues for Attorneys in Choosing Not to Select Arbitrators for Employment Disputes Based on Races (41.pdf) Navigating the Unauthorized Practice of Law Minefields: Lawyers as Third-Party Neutrals in Multi-Jurisdictional Employment Disputes (green.doc) Paul Greenberg Whistleblower Protection and the Sarbanes-Oxley Act: A Road Under Construction (greenberg.doc) Deborah Greenfield Effective Sexual Harassment Policies and Procedures: A Union Perspective Douglas L. Greenfield Report of the Subcommittee on Fiduciary Responsibility, 2004 (wagner.doc) Report of Fiduciary Responsibility Subcommittee/2000 Oren R. Griffin Dealing with the Inadvertent Disclosure of Privileged or Confidential Documents Bradley J. Gross Electronic Discovery: Practice & Checklist (gross.pdf) Richard Grosboll, Esq. Liability Issues Unique to Welfare Plans Liability Issues Unique to Welfare Plans: 2001 Supplement (welfareplans.doc) Deidre A. Grossman Report of the Subcommittee on Benefit Claims Elizabeth Grossman Glass Ceiling Consent Decrees: What to Include? (egrossman.doc) Paul Grossman Employment Discrimination Law 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 Recent Employment Discrimination Law Decisions-2006 (grossman.pdf) Jeremy Gruber 1999 Annual Report of the Legislative Developments Subcommittee 2000 Report of the Subcommittee on Legislative Developments State Genetic Discrimination Laws Timothy A. Gudas State Lawful Products Statutes (gudas.doc) Edward Guedes 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) Joseph Guerrieri, Jr. Was September 11 a Force Majeure Event as Defined in Labor-Protective Provisions in the Airline Industry? (majeure.doc) Barbara S. Gutmann Employee Benefits Law
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David K. Haase Agreements Between Employers Not to Hire Each Other's Employees: When Are They Enforceable? (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) Kerryann M. Haase 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Indra Hadeler The Role of Employer Associations in General and, in Particular, Their Role in Legislation (luterback.doc) Katherine Hagen International Labor Standards (hagen.pdf) Abbey G. Hairston Leaves of Absence Robert M. Hale The Family and Medical Leave Act, 2005 (hale2005.doc) The Family and Medical Leave Act, 2004 (hale2004.doc) The Family and Medical Leave Act, 2003 (hale.doc) The Family and Medical Leave Act, 2002 (fmlareport.doc) The Family and Medical Leave Act, 2001 (hale.doc) The Family and Medical Leave Act of 1993 (1999) The Family and Medical Leact Act of 1993 (2000) Report of the Subcommittee on the Family and Medical Leave Act: 2001 (hale.doc) Report of the Subcommittee on the Family and Medical Leave Act: 2000 Douglas W. Hall Atlas Air, Inc. v. ALPA (hall.doc) Henry Hamilton III Recent Developments in Federal Sector Employment Discrimination (hamilton.wpd) Michael Hamilton Labor Unions and Class Actions: The Union Perspective on Collective Litigation Susan E.G. Hamilton Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act John W. Hamlin Report of the Subcommittee on the Family and Medical Leave Act Allison M. Hammons Best Practices in Electronic Discovery (barnum.pdf) Gwen Thayer Handelman Report of the Subcommittee on Ethics-1999 Report of the Subcommittee on Ethics-2000 Report of the Subcommittee on Ethics-2001 (ethics.doc) Welfare Plans: Technical & Statutory (1999) Claus Juel Hansen Danish Stock Options Act: Article (stock.pdf) Danish Stock Options Act: Committee Presentation (stock2.pdf) Patrick Hardin Developing Labor Law, The Jonathan P. Harmon Sexual Harassment Litigation Strategies, Tactics, Discovery Issues and Motions in Limine: A Management Perspective Connye Y. Harper 2001 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (coltort.doc) 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Family Issues in the Workplace at the Crossroads of the FMLA, ADA, Worker's Disability Benefit Compensation, and Collection Bargaining Agreements - The Union's Perspective Joint Labor-Management Harassment Investigation Programs and Procedures (eeo53.pdf) Responding to Violence in an Organized Workplace (harper.doc) Charles Marcus Harris Public and Exempt Organizations Plans, 1999 Judith E. Harris The Effective and Lawful Use of Releases and Waivers: Post-Oubre Implications Kathryn Hartrick 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Barry A. Hartstein From the Federal Bench: EEO Claims and Litigation (hartstein.pdf) True Challenges in EEO Lawsuits – Dealing With Compensatory and Punitive Damages in EEO Litigation (hartstein.pdf) Richard L. Hartz The Farragher and Ellerth Affirmative Defense and Its Practical Consideration Marsha E. Hass An Employee by Any Other Name Does Not Smell as Sweet: A Continuing Drama (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Paul Hastings Volunteers and Interns: Issues to Consider from Employment Law and Immigration Law Perspectives (hastings.pdf) Michael W. Hawkins Current Trends in Class Action Employment Litigation (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) Timothy Hawks 2005 Report of the Subcommittee on Impact of Federal Legislation (hawks.doc) Joan Gustafson Haworth Statistical Evidence in Employment Discrimination (haworth.doc) Michael Hayes Keeping Opportunity Alive: Ideas for Ensuring that Affirmative Action Survives Adarand Michael J. Healey Brief of Appellees International Associaton of Machinists and Aerospace Workers and International Association of Machinists and Aerospace Workers, District Lodge 141-M (brief.pdf) L. Camille Hebert Electronic Monitoring and Surveillance (hebert.wpd) Medical Privacy in the Workplace: 1999 Update H. Victoria Hedian Impact of Sarbanes-Oxley on the Practice of Labor and Employment Law, The (hedian.pdf) Implications of Crown Cork & Seal Co., 334 NLRB No. 92 (2001) for Employee Involvement Committees as "Labor Organizations" Under the Act, The (hedian.doc) What Constitutes "Dealing With" Pursuant to Section 2(5) of the Act Since Electromation, Inc., 309 NLRB 990 (1992)? (hedian.doc) Sam Heldman Epilepsy Foundation of Northeast Ohio and the Recognition of Weingarten Rights in the Non-Organized Workplace: A Manifestly Correct Decision and a Seed for Further Progress (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Quietflex Manufacturing and the unpredictable case-by-case "balancing" of Section 7 rights: "Liberty finds no refuge in a jurisprudence of doubt." (heldman.pdf) Charles W. Hemingway The U.S. Merit Systems Protection Board (MSPB) Overview of Employee Rights and MSPB Procedure (1999) Pamela L. Hemminger Family Medical Leave Act: Wage and Hour Advisory Opinion John C. Hendrickson The Mitsubishi Story: Aftermath—A View of How One Employer Got Out in Front of a Pattern Harassment Case (hendrickson.wpd) Pattern and Practice Litigation in Harassment Cases (hendrickson.wpd) J. Kevin Hennessy Substance Abuse Issues in Labor Arbitration (hennessy.doc) Nell Hennessy Pension Benefit Guaranty Corporation in Workouts and Bankruptcy Reorganizations (36.pdf) Melinda S. Hensel "If I Only Had a Heart. . . ." How Many of My Employees Would I Lock Out? (hensel.pdf) William A. Herbert Advanced Employment Retaliation Issues (herbert.doc) The First Amendment and Public Sector Labor Relations (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) The NLRA in a Technological Society: A Law Not Busy Being Born, Is Busy Dying (herbert.pdf) When James Bond Enters the Workplace: Use and Abuses of Technology—A Guide for In-House Counsel and Litigators (kelly.doc) Melinda Socol Herbst Developing and Managing Effective and Fair Employment Dispute Resolution Programs (herbst.doc) Joseph E. Herman Sub-Committee Report on State Agricultural Labor Law (roy.doc) Lynne C. Hermle How to Deal with Your Opponent's Expert (hermle.doc) Key Issues in Today's Class Actions Recent Developments Under the ADA, FMLA, and Related California Laws (hermle.doc) Select Evidentiary Issues in Employment Cases (hermle.pdf) Tips for Voir Dire and Jury Selection (eeo112.pdf) Use of Experts in Employment Litigation Whistleblowing and Sarbanes-Oxley (hermle.pdf) Evangelina Fierro Hernandez Civility and Professionalism in the Federal Courts (hernandez.doc) Ethical Issues in EEOC Class Action Litigation (hernandez.doc) Owen E. Hernstadt Voluntary Corporate Codes of Conduct: What's Missing? (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Michael Herren Report of Subcommittee on Collective Bargaining and Employee Benefits (2000) Report of Subcommittee on Collective Bargaining and Employee Benefits (1999) Sara J. Herrin Surfing the Web and Riding the Waves: Mock Discovery Conference: Electronic Discovery (err91.pdf) Wayne A. Hersh Sub-Committee Report on State Agricultural Labor Law (roy.doc) Elaine N. Herskowitz Review of Case Law Developments Subsequent to June 1999 EEOC Guidance on Harassment Christopher T. Hexter The Bush II Board "The Good (Not So Much), The Bad (A lot), and the Ugly (Overwhelming)" (hexter.pdf) Jonathan P. Hiatt Drift and Division on the Clinton NLRB John E. Higgins, Jr. Current Developments in NLRB Representation Case Law A Review of Developments in NLRB Representation Case Law during 2005 (higgins.pdf) A Review of Developments in NLRB Representation Case Law during 2004 (higgins.pdf) Significant Highlights to the Revised ULP Manual (ulphighlights.doc) Brad Hiles "20 Questions" about OSHA (hiles.doc) Marielena Hincapie Hoffman Plastic Compounds, Inc. v. NLRB: Courts Limit the Erosion of Legal Protections for Undocumented Workers (alvarez.doc) Brian J. Hipp 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) Jeffrey L. Hirsch E-Mail and the National Labor Relations Act: Concerted Activity in the Age of Electronic Communications (e-mail.doc) Russell L. Hirschhorn Cases and Issues in Cash Balance Plan Litigation (The Labor Lawyer, Summer 2006, Vol. 22, No. 1) Elaine Ho Proving and Defending Claims of Race Discrimination in Tests and Similar Selection Devices (brown.pdf) Kay H. Hodge Handling the Anti-Discrimination Agency Investigation (hodge.pdf) Susan Katz Hoffman Employee Benefits Law Lisa Hogan "Other" ADA Protections Testing Under Title III and Title I of the ADA (hogan.doc) C. John Holmquist, Jr. Report of the Contingent Workforce Subcommittee (subreport.pdf) Collette Holt The Government Wants to Know: Responding to Requests for Employee Background Checks and Other Data (holt.doc) Gail Golman Holtzman Recent Developments in Worker Dislocation Issues (1999) Michele W. Homsey Employment Discrimination in the Public Sector: The Implied Repeal of Section 1983 by Title VII (The Labor Lawyer, Winter/Spring 2000) Richard A. Hooker Restrictive Covenants: A Multi-State Survey of Recent Judicial Opinions (hooker.doc) Selected State ADR Developments (hooker.doc) Selected State Employment Arbitration Developments (hooker.doc) Edwin S. Hopson The Absent Employee with a Psychiatric Disability Claimed as a Result of Disciplinary or Performance Improvement Action Taken by the Employer The Future of Judicial Enforcement of Agreements to Arbitrate Statutory Employment Claims Janine P. Hornicek Significant 1998 Unfair Labor Practice Case Decisions of the Federal Labor Relations Authority Significant 2000 Unfair Labor Practice Case Decisions of the Federal Labor Relations Authority (hornicek.wpd) Leslie J. Horton The 9/11 Fallout: Ethnic and Religious Discrimination and Cultural Differences in the Workplace (horton.pdf) Phil Hostak The Good, the Bad and the Ugly: An "In"coherent Theory of Self-Help Following Section 1113 Rejection of an RLA Collective Bargaining Agreement (rlabank.doc) Marcel Houben Information and Consultation Procedures in Europe Kimberly J. Houghton The Equal Pay Act Of 1963: Where Did We Go Wrong? Rebecca Houlding What to Do When the Whistle Blows or How to Blow it: Sarbanes-Oxley's Protections and Dilemmas for Lawyers (ben-asher.doc) Rachael K. House Arbitration & Union Employees: When is Arbitration an Exclusive Remedy Terry L. 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Hunter The National Labor Relations Board's Decision in M.B. Sturgis, Inc. and Its Impact on Employers Who Utilize Contingent Employees as Part of Their Workforce (hunter.doc) Jocelyn J. Hunter The Whistleblower Provisions of the Sarbanes-Oxley Act of 2002 (hunter.doc) Ashley R. Hurst The Top Ten Family Medical Leave Act Developments 2001-2004 (err203.pdf) Peter J. Hurtgen Clinton Board(s)—A Partial Look from Within, The Ty Hyderally What They Said It Means: The Supreme Court's Year in Review Plus Other Recent Developments in ERR (thomas.doc) Steven Hymowitz Privacy Limitations for Electronic Surveillance and Genetic Testing in the Workplace
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Paul M. Igasaki 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) Eric Iskra How Will This Affect My Client: The Latest From the U.S. Supreme Court (err261.pdf) Recent Arbitration Developments Since Circuit City (iskra.doc) Report of the Subcommittee on the Family and Medical Leave Act What They Said It Means: The Supreme Court's Year in Review Plus Other Recent Developments in ERR (thomas.doc) Nancy G. Itnyre Don't Write Off the Hobbs Act Yet: Scheidler v. NOW and its Applicability in the Labor Context (luce2.doc) John S. Irving Operational Changes: The First National Maintenance/Fibreboard Dual "We're Off To See the Wizards" A Panel Discussion On The Bush Board's Decisions (irving.pdf) Mark L. Irvings Agreement for Mediation Paul W. Iversen Dubuque Packing and Fibreboard Revisited—Decision Bargaining, Timing and Scope and the Information Rights of Unions in the Process Charles C. Jackson Recent Developments in Collective Action Litigation Under the Fair Labor Standards and Age Discrimination in Employment Acts: Comments on the Viability of Pattern or Practice Claims in Collective Action Cases (jackson.doc) Zachary C. Jackson Recent Developments in Collective Action Litigation Under the Fair Labor Standards and Age Discrimination in Employment Acts: Comments on the Viability of Pattern or Practice Claims in Collective Action Cases (jackson.doc) T. Warren Jackson The Color of Money: Law Firm Diversity As An Economic Imperative (jackson.doc) Todd Jackson Report of Subcommittee on Reporting and Disclosure: 2004 Developments (janich.doc) Lynn F. Jacob Election Objections: An Overview—Management's Perspective James B. Jacobs The RICO Trusteeships after Twenty Years: A Progress Report (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Kari Jahnke Retaliatory Harassment against Employees by Employees: Should the Employer Be Liable? (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Edgar N. James Corrected Brief of Appellants Allied Pilots Association, Richard T. Lavoy, and Brian A. Mayhew Reply Brief of Appellants Allied Pilots Association, Richard T. Lavoy, and Brian A. Mayhew Daniel N. Janich Report of Subcommittee on Reporting and Disclosure: 2003 Developments (janich.doc) Report of Subcommittee on Reporting and Disclosure: 2004 Developments (janich.doc) Liane Janovsky Report of the Subcommittee on Benefit Claims Hugh Jascourt Executive Order 12871 and ADR Mark A. Jess How to Use Virtual Briefs (jess.doc) Prashanth Jayachandran 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Mark Jeffery Recent Developments in the Law on The Free Movement of Persons within the European Union: Moving from labour law to fundamental rights? (mark.pdf) Maurice G. Jenkins 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) Daniel V. Johns Graduate Students, Unions, and Brown University (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Barbara L. Johnson Basic Overview of Diversity and Inclusion (28.pdf) In-House Investigations: Does the Attorney-Client Privilege Apply? Mediation as a Mechanism to Resolve Employment Disputes (johnson.doc) New Beauty Cosmetics Court Documents The Bermuda Triangle: The Americans With Disabilities Act, The Family and Medical Leave Act and Workers' Compensation Regulations (johnson.doc) Bradley R. Johnson PGA Tour, Inc. v. Martin: The United States Supreme Court Misses the Cut on the Americans with Disabilities Act (The Labor Lawyer, Summer 2002, Vol. 18, No. 1) David Johnson What They Said It Means: The Supreme Court's Year in Review Plus Other Recent Developments in ERR (thomas.doc) Marvin E. Johnson Creating Access to Enhance Diversity (larue01.doc) Ronald M. Johnson Proposed NMB Rules for Railroad Arbitration (johnson.pdf) Brian Marshall Johnston Public and Exempt Organizations Plans, 1999 David E. Jones OSHA Recordkeeping Requirements (jones.pdf) Stacia Marie Jones Report of the Equal Pay Act Subcommittee of the ABA Section of Labor and Employment Law Federal Labor Standards Legislation Committee (kinzer.doc) Susan E. Jones The "Rules" Jurors Apply in Deciding Employment Cases (eeo113.pdf) Amy K. Jordan The Legal Challenges of Workplace Violence (coleman.doc) Christopher Jordan Covenants Not to Compete: Germany (wisskirchen.pdf) Development of Anti-Discrimination and Anti-Sexual Harassment Law in Germany and in the EU (wisskirchen.doc) Retention and Disclosure of Data in the EU: Germany (jordan.pdf) Nancy Juda Retirement Plan Design, Qualification and Administration Sonia Raquel Jurado A Whole Year's Worth of Favorite Employment Defense Cases (And a Few Less Than Favorites) (barber.doc) Justine S. Juson The Intersection of Immigration Law and Labor Law—The Hoffman Plastic Case and Beyond? (juson.doc)
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Alan R. Kabat How (Not) to Litigate a Sexual Harassment Class Action (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) Christopher B. Kaczmarek Report of the Subcommittee on the Family and Medical Leave Act John Kagel Mea Culpa, No Waiver of Arbitrator's Disclosure Omission in California (kagel.doc) Wendy L. Kahn Developing and Enforcing Effective Sexual Harassment Policies: A Union Perspective D. Ward Kallstrom Employee Benefits Law ERISA Issues in Settling Employment Disputes Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) David D. Kammer Shared Employees: Legal Implications for Employee Staffing Firms and Worksite Employers—Recent Developments Engaging Contingent Workers: Turning Misclassified Common-Law Employees into Successful Litigants (kammer.doc) Michael G. Kane Getting Back To Basics: Basic Employment Rights & Responsibilities Employment Torts (kane.doc) Jonathan Kang 1998-1999 Treatise Supplement: The Fair Labor Standards Act Charles H. Kaplan The Preclusive Effect of Administrative Determinations in Federal Employment Litigation (kaplan.doc) Who Is Your Client and Related Ethical Issues in Handling Employment and Immigration Cases (kaplan.pdf) Sander N. Karp Effective Opening Statements from the Plaintiff's Perspective (karp.doc) James H. Kaster Saving the World with Sarbanes-Oxley (kaster.doc) Daniel M. Katz A Commentary on Professor Morris's Comparison of Discrimination for Union Activity Under the NLRA and RLA Maria Blanco Katz IRCA's Anti-Discrimination Provisions: The Impact on Recruitment, Hiring, and Firing of Foreign Nationals (katz.doc) Mark D. Katz OSHA: Significant Decisions and Developments (katz.doc) Danny Kaufer Check the Berlitz for "Pretext": Discrimination Issues in Canada (err173.pdf) Jeffrey C. Kauffman Recent EAJA Decisions and Notable Issues (10_001.pdf) Georgia Keane US/UK Employment Arrangements (keane.doc) Barry Kearney Post-Allentown Mack Prosecutorial Decisions Significant ULP Cases in 2002 (ulpcases.doc) Significant ULP Cases in 2003 (kearney.doc) Significant ULP Cases in 2004 (kearney.pdf) Significant ULP Cases in 2005 (kearney.pdf) Ellen C. Kearns A Case of Unintended Consequences—The Disappearance of the Motor Carrier Act Exemption Under the FLSA? (17.pdf) Coverage Under the Fair Labor Standards Act (kearns.doc) Fair Labor Standards Act Preliminary Time: When is it Compensable? (kearns.doc) Questions That Remain Open After IBP v. Alvarez (18.pdf) Settlement Agreements 2005 May Bring Changes to the Federal Minimum Wage (kearns.doc) David R. Keene, II Union Access to Employer Information in the Federal Sector William L. Keller International Labor and Employment Laws International Labor and Employment Laws, Volume II (sweden01.pdf) International Labor and Employment Laws, 2003 Cumulative Supplement to Volume II (sweden02.pdf) Deborah P. Kelly Employment Issues in the Wired World (wired.doc) Recruiting and Retaining a Diverse Legal Workforce—Scenario: When Good Intentions Go Awry Elizabeth Kelly Union Access to Employer Property: Time to Sprinkle a Little Salt on the Subject H. David Kelly, Jr. When James Bond Enters the Workplace: Use and Abuses of Technology—A Guide for In-House Counsel and Litigators (kelly.doc) Ellen M. Kelman 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) Ding Dong the [Clear and Unmistakable Waiver Test for 8(d) violations] is Dead . . . 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Killeen State Plan Developments for 2005-2006 (killeen.doc) State Plan Developments for 2004-2005 (killeen.doc) State Plan Developments 2004 (osha.doc) Yoora Kim An Update on Religious and National Origin Discrimination Post-September 11 (fortney.doc) Allan G. King 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) Statistics as a Guide to RIF Selections: Caveat Emptor (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) G. Roger King Building an Internal Defense against Class Action Lawsuits and Disparate Impact Claims (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) "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) Who Let the Weingarten Rights Out—The National Labor Relations Board Compounds Earlier Error by the Supreme Court (king.doc) Allen S. Kinzer, Esq. Report of the Equal Pay Act Subcommittee, 2002 (anderson.doc) Report of the Equal Pay Act Subcommittee of the ABA Section of Labor and Employment Law Federal Labor Standards Legislation Committee (kinzer.doc) Report of the Equal Pay Act Subcommittee: 2000 Linda Kish Electronic Evidence: Preservation, Retrieval, and Production Issues (kish.pdf) Ronald Klasko AC 21: Strategies for Navigating in Unregulated Waters (klasko.doc) Robert D. Klausner Recent Developments in the Trial of Class Actions Adam T. Klein Recent Developments in Title VII Litigation (klein.doc) James P. Klein Extraterritorial Application of U.S. Law [New Chapter] Eve Klindera 1997-1998 Treatise Supplement: The Fair Labor Standards Act Anita Christine Knowlton Threats of Violence (knowlton.wpd) Elaine Drodge Koch How to Draft the Dreaded Jury Instructions: Someone Has to Do It - Might as Well Be You (koch.pdf) Kelly J. Koelker 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Karen B. Koenig Immigration Law Basics (koenig.pdf) Summary of Nonimmigrant Business-Related VISA Categories (koenig1.doc) The Permanent Residence ("Green Card") Process and Preference System (koenig2.doc) Anke Koerber Union Information and Recruitment via the Internet in Germany (koerber.pdf) Lisa Salkovitz Kohn ADR Update: Mediation Advocacy—Tips for Handling the Tough Clients, Opponents - and Mediators (kohn.pdf) Daniel B. Kohrman Reductions in Force: Which Laws Apply and When? (eeo63.pdf) When Employees with Psychiatric Impairments Ask for Time Off, What Protections Do the FMLA and the ADA Provide to Employees and Employers? (earnhart.doc) Karen Jo Koonan Jury Selection in Employment Cases Marc A. Koonin Avoiding Claims of Discrimination Based on Personal Appearance, Grooming, and Hygiene Standards Wendy L. Kosanovich Sexual Orientation Discrimination: Developing Legal Trends (kosanovich.doc) Andrew M. Kramer Clinton Labor Board: A Difficult Period for a Management Representative, The (kramer.wpd) Clinton Labor Board: Difficult Times for a Management Representative, The Gary M. Kramer No Class: Post-1991 Barriers to Rule 23 Certification of Across-the-Board Employment Discrimination Cases (The Labor Lawyer, Winter/Spring 2000) Mitchell M. Kraus Alternate Dispute Resolution and Collective Bargaining—A Union Perspective Robert D. Kraus, Esq. Unlocking the Restraints: Employee Stock Options and Wrongful Termination Claims (kraus.wpd) Anthony W. Krause Assessing Mr. Samsa's Employee Rights: Kafka and the Art of the Human Resource Nightmare (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Ronald Scott Kravitz Chapter 12: Civil Practice and Procedure (stein.doc) Report of Fiduciary Responsibility Subcommittee John G. Kruchko Bargaining in States Without Public Sector Collective Bargaining Legislation (kruchko.pdf) Helen Z. Kryshtalowych Labor and Employment in Ukraine (ukraine.pdf) Christopher J. Kuczynski ADA Case Updates (mastroianni.pdf) Selected Case Law Developments under the Americans With Disabilities Act (kuczynski.doc) Alexia M. Kulwiec “On the Road Again” (To Organizing) Dana Corp., Metaldyne Corp., and the Board’s Attack on Voluntary Recognition Agreements (kulweic.pdf) Stefan Kupper Collective Bargaining Autonomy and System in Germany (kupper.doc) Lewis Kurlantzick John Rocker and Employee Discipline for Speech (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Frederick T. Kuykendall, III Epilepsy Foundation of Northeast Ohio and the Recognition of Weingarten Rights in the Non-Organized Workplace: A Manifestly Correct Decision and a Seed for Further Progress (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Weingarten Rights in the Non-Organized Workplace: "Clear Federal Decisionmaking," or at Least a Good Start (kuyken.pdf) Deborah R. Kurzweil The Class Action Settlement Gig Kyriacou Mediation Short Stories (kyriacou.doc)
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Kenneth E. Labowitz Privacy in the Workplace: On the Frontier Between the Rights of Employees and Employers Melanie A. LaComb What Are the Courts Saying About Boorish Behavior and Violence in the Context of a Sexual Harassment Cast (engelmeier.pdf) Anya Lakner Domestic Violence and Employment: A Survey of Employment Rights in the Workplace (lakner.pdf) Matthew W. Lampe Procedural Approaches for Countering Dual-Filed FLSA Collective Action and State Law Wage Class Action (The Labor Lawyer, Winter/Spring 2005, Vol. 20, No. 3) Donald E. Lampert Ohio Workers' Compensation Discovery (ross.doc) James T. Langford Do All No-Strike Clauses Prohibit Work Stoppages? Liability Issues Unique to Welfare Plans David W. Lannetti Extending Coverage of the Americans with Disabilities Act (ADA) to Individuals with Attention Deficit-Hyperactivity Disorder: A Demonstration of Inadequate Legislative Guidance (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Angelina LaPenotiere ADA Defenses Update Mary Jane Lapointe ADA Defenses Update Plaintiff's Brief on Discovery Issues and Scope of Rule 35 Examination: Jane Able v. Concept Planning, Inc. Jocelyn D. Larkin A Plaintiff's Perspective on the EEO Implications of Salary Decision-Making by Corporate Managerial Groups Expert Disputes in EEO Class Actions: What’s Daubert Got to Do With It? (larkin.pdf) Hypothetical for Break-Out Session on Compensation and Pay Equity Title VII Class Actions and Punitive Damage Claims: A Guide to Class Certification and Trial (eeo232.pdf) John B. LaRocco Several Philosophical and Pragmatic Musings About Arbitration Under the Railway Labor Act Ed LaRose Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Homer C. La Rue Access ADR: A Program to Promote Diversity in ADR (larue02.pdf) Creating Access to Enhance Diversity (larue01.doc) Ethical Considerations: Discussion Points & References (larue.doc) Barry LaSala NAFTA and Worker Rights: An Analysis of the Labor Side Accord after Five Years of Operation and Suggested Improvements (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Jill M. Lashay Medical Privacy in the Workplace: 1999 Update Donna Hughes Latta 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) Gregory Lauro 1997-1998 Treatise Supplement: The Fair Labor Standards Act Barbara A. Lawless "The Effective Use of Experts in Discrimination and Sexual Harassment Cases" Opposition to Motion in Limine to Exclude Expert Testimony Allegra J. Lawrence Trends in Harassment Law Part I: Complaints Concerning Teenage Employees (lawrence.pdf) Thomas Lawrence, Esq. Chapter 14: Liability Issues Unique to Welfare Plans (tucker.doc) Liability Issues Unique to Welfare Plans Report of Subcommittee on Collective Bargaining and Employee Benefits (2002) (craig.doc) Report of Subcommittee on Collective Bargaining and Employee Benefits (2000) Report of Subcommittee on Collective Bargaining and Employee Benefits (1999) H. Rowan Leathers, III Mediator’s Checklist of Considerations (err282.pdf) Bill Lann Lee Current Best Practices for Human Resource Processes (eeo54.pdf) Jack W. Lee Checklist for Opposing Rule 35(a) (lee.pdf) Jessica Lee Defendants' Additional Brief in Support of Summary Judgment Defendants' Statement of Undisputed Facts Order Directing Parties to Provide Additional Briefing Michael K. Lee Last Chance Agreements and the Duty of Fair Representation: More Harm Than Good for Labor Unions? (lee.doc) Theodora R. Lee Putting Your Best Case Forward, Best Trial Tactics (30.pdf) Peter J. Leff Failing to Give the Board Its Due—The Lack of Deference Afforded by the Appellate Courts in Gissel Bargaining Order Cases (leff.doc) Jerome Lefkowitz 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) Christopher P. Lenzo For Whom the Whistle Blows: The Haphazard Patchwork of Little Known Federal Statutes Protecting Whistleblowers in the Private Sector (eeo222.pdf) My Protected Category Trumps Yours! Bridging Conflicting Anti-Discrimination Rights (lenzo.doc) Deborah M. Lerner, Esq. Welfare Plans: Technical & Statutory (1999) Welfare Plans: Technical & Statutory (2000) Douglas L. Leslie Accommodating the Employment Disabled (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Railway Labor Act, The David R. Levin, Esq. Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Report of Fiduciary Responsibility Subcommittee Report of Subcommittee on Criminal Enforcement-1998 Report of Subcommittee on Criminal Enforcement-1999 Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-1999 Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2000 Nicholas J. Levintow USERRA Overview: 38 USC 4301-4334 (levintow.pdf) Elizabeth L. Lewis 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Review of Business and Commercial Litigation in the Federal Courts 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Jeffrey G. Lewis Employee Benefits Law ERISA Preemption Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Top Ten Issues for Practitioners Terrence M. Lewis The Americans With Disabilities Act and Reasonable Accommodation: Are Employers Required To Reassign Disabled Individuals Who Can No Longer Perform Their Jobs? Barran Liebman Lessons in Statutory Construction: Recognitional Secondary Boycott Activities Found Sometimes Lawful Under Section 8(b)(4)(B) (liebman.doc) Wilma B. Liebman Clinton Board(s)—A Partial Look from Within, The Sarah Like The First Circuit's Astra Ruling: A Major Aid to Anti-Bias Efforts Barbara Lindemann Employment Discrimination Law Laura A. Lindner A Defense Perspective on Pattern and Practice Sexual Harassment Litigation (lindner.doc) Jeffrey Linihan Annual Report of the Conflicts of Interest Subcommittee: 2004 (marino.doc) Lisa R. Lipman Employment At Will: Overview and Recent Case Law Developments Fact Pattern I Robert D. Lipman The Fair Labor Standards Act: An Overview (lipman.wpd) Elizabeth R. Lishner Benefit Claims and Individual Rights-1999 (Chapter 13, Formerly Known as 8) Report of the Subcommittee on Benefit Claims: 2000 Report of the Subcommittee on Benefit Claims: 2001 (bclaims.doc) Report of the Subcommittee on Benefit Claims: 2002 (benefitclaims.doc) Donald R. Livingston Developments in Employment Discrimination Law: Emphasizing the Law of Sexual Harassment Revisiting the Gender-Based BFOQ (eeo181.pdf) Meredith A. Lobritz Arbitration Versus the NLRB: Deferral of Charges Involving Union Requests for Information in the Collective Bargaining Context (bloch.doc) Barbara Long Case Study: Mental Disabilities in the Workplace—Psychiatric Input in Complicated Cases (long.doc) Louis Lopez Workplace Investigations (basics_lopez.pdf) Tammara M. Lovett Cross Examination: Conquering Your Fear and Doing Your Best (vorachek.wpd) David A. Lowe Sources of Legal Protection for American Workers Overseas (lowe.pdf) Kirk Lowry Vaughn Murphy, Petitioner, vs. United Parcel Service, Inc., Respondent Hinton J. Lucas, Jr. Recruiting a World Class and Diverse Workforce (eeo41.pdf) Walter Lucas Ethical Issues in "E-Lawyering" (lucas.doc) Robin K. Luce Don't Write Off the Hobbs Act Yet: Scheidler v. NOW and its Applicability in the Labor Context (luce2.doc) RICO—Not Just for Gangsters Anymore (luce.doc) Kathleen Lundquist Current Best Practices for Human Resource Processes (eeo54.pdf) A Primer on Employment Test Development and Validation (lundquist.pdf) William Lurye Ethical Traps for the Unwary Employment Lawyer: A View from a Union Lawyer's Perspective (lurye.pdf) Charles A. Lynch, III The Plaintiff's Perspective on Anti-Harassment Policies and the Ellerth and Faragher Affirmative Defense Philip K. Lyon 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) Developing Confidentiality Issues Affecting the Attorney's Ethical Obligations In Our Increasingly Hi-Tech Landscape—Some Nuts and Bolts Solutions (15.pdf) Joseph C. Lyons When is an Individual an Independent Contractor and Not an Employee
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Nora L. Macey Plaintiff's Response to Statement of Material Facts Plaintiff's Supplemental Brief in Opposition to Defendant's Motion for Summary Judgment Lilliam Machado Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Marc I. Machiz Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2002 (clark.wpd) Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2005 (clark.doc) Susan T. Mackenzie Effective Mediation: Lawyer's Roles from the Perspective of the Mediator Jennifer MacKrell Report of the Subcommittee on Benefit Claims Allison Madan ERISA Fiduciary Insurance: Common Exclusions and Other Considerations Joyce Mader Retirement Plan Design, Qualification and Administration Subcommittee on Plan Design, Qualification and Administration (mader.doc) Marcia Andersen Mahoney It Isn't Just About Sex: Non-Title VII Harassment (mahoney.wpd) Trends in Harassment: Ethics, Confidentiality and Privilege Issues in Harassment Investigations (eeo291.pdf) Jane Makela ADA Defenses Update 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Martin H. Malin The Arbitration of Grievances Involving Work-Family Conflicts (malin.pdf) The National Labor Relations Act in Cyberspace: Union Organizing in Electronic Workplaces (perritt.doc) Mark N. Mallery 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Benefits and Risks of Mandatory Arbitration of Employment Disputes (bandr.wpd) Litigating Cases Involving Current Employees: An Outline of Practical Issues Facing the Employer Using Technology to Prove and Defend Against Punitive Damages Claims (mallery.doc) Louis P. Malone, III Federal Employment Discrimination Cases Punitive Damages in Employment Discrimination Law USERRA: The Roadmap to Follow When the Troops Come Home (malone.doc) Dennis Maloney 1999 Report of the Committee on State and Local Government Bargaining and Employment Law Brian M. Malsberger Covenants Not to Compete: A State-by-State Survey Employee Duty of Loyalty: A State-by-State Survey Stewart S. Manela Motions in Limine: On the Threshold of Evidentiary Strategy (strategic.doc) The Legal Complications and Ethical Dilemmas Presented By Cyberspace in the Workplace (manela.doc) Nancy R. Mansfield An Analysis of the Burlington and Faragher Affirmative Defense: When Are Employers Liable? (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) Ronald Manthey Mandatory Arbitration after Circuit City: What Issues Remain Unsolved? (circuitcity.doc) 1999 Annual Report of the Privacy and Collateral Torts Subcommittee Remedies for Employment Torts and Statutory Violations: Recent Development's 2001 (manthey.doc) 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Class Actions Under the Americans with Disabilities Act Statutory Defenses Under the Americans with Disabilities Act Martha Marcero 2005 Report of the Subcommittee on Impact of Federal Legislation (hawks.doc) Joyce Margulies Performance Appraisals (eeo55.pdf) Richard C. Mariani Preparing for the Worst: How to Prepare Employers for the Possibility of ADA Litigation and Other Bad Things (eeo313.pdf) Who Is "Disabled" Under the ADA? Some Selected Cases and Comments (eeo312.pdf) Charles J. Marino Annual Report of the Conflicts of Interest Subcommittee: 2003 (moore.doc) Annual Report of the Conflicts of Interest Subcommittee: 2004 (marino.doc) Peter R. Marksteiner Improving the Federal Employee Redress System (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Judith L. Marrs Electronic Discovery Assistance J. Markham Marshall Legal and Ethical Issues with NLRB Investigations Involving Current, Former and "Volunteer" Agents of a Party Represented by Counsel (marshall.pdf) Cecile Martin French Data Protection Agency: How to Deal with It without Breaking the Rules (martin.pdf) The Retention and Disclosure of Data in France from an Employment Law Perspective: How to retain and disclose information in a company? (martin.pdf) Susan Martin ERISA Litigation Subcommittee Report: 2002 (martin.doc) ERISA Litigation Subcommittee Report (rnrreport.doc) It's Hip To Be Fair: HIPAA: What It Says, What It Means, What We Do (err321.pdf) New Claims Procedures Under ERISA (martin.wpd) 1999 Annual Report of the ERISA Litigation Subcommittee 2000 Report of the ERISA Litigation Sub-Committee of the ABA Committee on Employee Rights and Responsibilities Kirby G. Mason Report of the Subcommittee on Legislative Developments: 2000 Stefan M. Mason Mediating Employment Claims Peggy R. Mastroianni ADA Case Updates (mastroianni.pdf) Selected ADA/Rehabilitation Act Employment Cases (2000) Selected ADA/Rehabilitation Act Employment Cases (2001) (mastro.wpd) Jennifer Mathe Workforce without Borders: The Role of "Citizenship Preference" in Lay-Off Decisions (alvarez.doc) Jennifer Mathis Implications of Toyota v. Williams for ADA Cases (mathis.wpd) Jennifer L. Maxwell The Editor's Page (The Labor Lawyer, Fall 2005, Vol. 21, No. 2) John Maxwell Rejected Agreements In The Airline Industry Judy Mazo Multiemployer Plans and Pension Funding Reform (37.pdf) Retirement Plan Design, Qualification and Administration Laurie A. McCann EEO Update - Since Last We Met: Developments Under the Age Discrimination in Employment Act Matthew R. McArthur Collective Bargaining and Employee Benefits, 1999 Laurie A. McCann Developing Theories in Age Discrimination Law (mccann.pdf) Kevin M. McCarthy Dealing with the Inadvertent Disclosure of Privileged or Confidential Documents Key Issues Faced by Arbitrators in Drug Testing Cases Dealing with the Inadvertent Disclosure of Privileged or Confidential Documents A Survey of 2005 Supreme Court and Circuit Court Decisions Involving Labor and Employment Arbitration Cases (mccarthy.doc) A Survey of 2003 Supreme Court and Circuit Court Decisions Involving Labor and Employment Arbitration Cases (mccarthy.doc) A Survey of Recent Supreme Court and Circuit Court Decisions Involving Labor and Employment Arbitration Cases (mccarthy.doc) A Survey of 2001 Circuit Court Decisions Involving Labor and Employment Arbitration Cases (survey.doc) A Survey of 2000 Circuit Court Decisions Involving Labor and Employment Arbitration Cases (mccarthy.doc) A Survey of 2004 Federal Circuit Court Decisions Involving Labor and Employment Arbitration (mccarthy.doc) Roger J. McClow Class Action Issues in Retiree Health Care Litigation Under ERISA and Section 301 Marilyn T. McClure-Demers Post-Trilogy: The Interpretation and Application of The Faragher Trilogy on Sexual Harassment (mcclure.doc) Martha T. McCluskey The Illusion of Efficiency in Workers' Compensation "Reform" Richard G. McCracken San Manuel Indian Bingo and Casino: Centrally Located in the Broad Perspective of Indian Law (mccracken.pdf) Kenneth McCulloch Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms J. Timothy McDonald COBRA and HIPAA Developments Since 1998 The Top Ten Family Medical Leave Act Developments 2001-2004 (err203.pdf) James J. McDonald, Jr. Pretrial Issues in An ADA Mental Disability Case: Discovery and Summary Judgment (mcdonald.doc) James P. McElliott, Jr. Report of the Subcommittee on Benefit Claims Jennifer C. McGarey Conducting Lawful and Effective Investigations Regarding Allegations of Discrimination and Harassment (mcgarey.doc) Gregory K. McGillivary The New 541 Regulations: A Comparison of the Old, the Proposed and the New (mcgilliv.doc) Opt-Out Wage and Hour Class Actions Under State Law: The Next Big Increase in Litigation to Enforce Workers' Rights? (19.pdf) Susan J. McGolrick Appellate Judges Have Less Expertise in Labor Law as Cases Decline, Lynch Says (lynch.doc) Four Current Members Discuss Their Views On Major Rulings, Criticism, Future Issues (annual1.doc) General Counsel Describes Concepts That Will Guide His Four-Year Term (concepts.doc) Law Professor Describes Six Barriers to Innovation in American Labor Law (barriers.doc) New General Counsel Tells ABA Members He Seeks Cooperation, Evenhanded Enforcement (annual3.doc) Two Newest Board Members Discuss Career Experience, Attitude Towards Job (career.doc) John J. McGowan, Jr. Welfare Plans: Technical & Statutory (1999) M. Andrew McGuire What Constitutes "Dealing With" Pursuant to Section 2(5) of the Act Since Electromation, Inc., 309 NLRB 990 (1992)? (pauling.doc) Jennifer McLain Discrimination in the Religious Workplace - Should It Be Permitted to Continue? (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Ellen McLaughlin Family and Medical Leave Act Compliance (mclaughlin.pdf) Kristen L. McMichael Pay Equity in the New Millennium: How to Prepare For and Avoid Pay Discrimination Claims Jeremy McMullen Skeleton Argument of the Respondents Jacqueline H. McNair Insider’s View of EEOC (eeo11.pdf) Joseph McNeil Report of the Subcommittee on Legislative Developments: 2000 Bernice McReynolds Practice Checklist for Proving and Defending Against Damages Claims in Employment Discrimination Cases (eeo152.pdf) Robert A. Meister Deposition Techniques That Work (meister.doc) Denise Mercherson Employment Agreements (basics_mercherson.pdf) Deborah J. Merritt Judicial Hostility Toward Labor Unions? Applying the Social Background Model to a Celebrated Concern Paul H. Merry Developing Electronic Evidence (merry.doc) Gregory V. Mersol Employment Class Actions (2.pdf) Ethical Issues for Defense Counsel in Class Action and Individual Employment Litigation (mersol.doc) Ethical Issues in Class Action Employment Litigation (mersol.doc) Ellen J. Messing Contacting Employees of an Adverse Corporate Party: A Plaintiff's Attorney's View (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) The First Circuit's Astra Ruling: A Major Aid to Anti-Bias Efforts Concurrent Representation of Multiple Clients in the Same Matter Executive Compensation Packages: An Overview from the Employee's Point of View (messing.doc) Jo-el J. Meyer ESOP Valuations, Contributions Among Top Issues Litigated by DOL (annual7.doc) Patients' Rights Bill's Mandated Coverage Could be Great Expense, ABA Panelists Warn (annual4.doc) Lawrence A. Michaels Report of the Subcommittee on Legislative Developments: 2000 Blythe Mickelson Claims Procedures and Their Exhaustion: An Outline (mickelson.doc) Anna Middlebrook Selected ADA/Rehabilitation Act Employment Cases (eeo311.pdf) Matthew J. Mierzwa, Jr. "ADA Reasonable Accommodation in the Unionized Setting: Is the ADA Always Trumped?" Marcus C. Migliore Public Policy and Due Process Exceptions to the Enforcement of Arbitration Awards (migliore.doc) Robert J. Mignin Best Practices: Reductions in Force, Business Restructuring and Reorganization (eeo62.pdf) Mary L. Mikva The Plaintiffs' Perspective on EEOC Enforcement Guidance on Psychiatric Disabilities: Are We Really Following? Ned Milenkovich It’s Hip To Be Fair: HIPAA: What It Says, What It Means, What We Do (err321.pdf) Welcome to the Jungle: Life After Varity Corp. and Great-West (zalewski.doc) Megan Millard Immigration Law Basics (tynan.pdf) Anne Harmon Miller Labor Arbitrator Development: A Handbook Clinton J. Miller, III National Handling in the Rail Industry—Compulsory or Not? BNSF Ry. v. UTU (miller1.doc) Right of Third Party to Full Voting Membership on Arbitration Board—Impact on Railroad Remote Control Arbitration (miller2.doc) Evan Miller Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) George J. Miller The Absent Employee with a Psychiatric Disability Claimed as a Result of Disciplinary or Performance Improvement Action Taken by the Employer Judith A. Miller The Other Victims of Sexual Harassment: Unfairly Accused or Fairly Accused but Unfairly Discharged Perpetrators When Can a Non-Target Be a Victim? The Plaintiff's Perspective Lauri A. Millot Jurisdiction of State Commissions (bailey.doc) Report of the Subcommittee on Jurisdiction of State Committees and Bargaining Unit Determinations (cloppert.doc) Gabriel J. Minc Report of the Subcommittee on Ethics-1999 Report of the Subcommittee on Ethics-2000 Report of the Subcommittee on Ethics-2001 (ethics.doc) Stephanie A. Miner Professionalism and Ethics Recusal (outline.doc) Carla V. Minnard E-Learning for the L and E-Lawyer (jduffy.doc) Hi-Tech Scores Low: Ageism, IT Culture & Older Workers (duffy-minnard.doc) Shannon Minter Employment Discrimination against Transgender People: Case Law, Statutes, and Workplace Policies (minter.doc) Employment Protections for Transgender People (minter.pdf) Phillip A. Miscimarra Best Practices: Reductions in Force, Business Restructuring and Reorganization (eeo62.pdf) Risa M. Mish Report of the Subcommittee on the Family and Medical Leave Act 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Charles S. Mishkind Appendix of Significant Cases Involving an Employer's Obligation to Continue to Provide Health and Welfare Benefits to Retirees (appendix.doc) Class Action Case Update (mishkind.doc) Class Action Primer and Update (mishkind.doc) Communicating with the Public and Class Members Before and After Class Certification Controversy Over the Duration of an Employer's Obligation to Continue to Provide Health and Welfare Benefits to Retirees (mishkind.doc) Discrimination and Employee Benefits (eeo251.pdf) Interference with Attainment of Benefits: Litigation Under Section 510 of ERISA (retiree.doc) Jim Moher British Employment Law Developments under the Labour Government 1997-2001 (moher.doc) R. Bradley Mokros 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" Stephen B. Moldof Airline Alliances: Legal Issues and Impact on Collective Bargaining The Application of U.S. Labor Law to Activities and Employees Outside the United States (moldof.doc) The Application of U.S. Labor Laws to Activities and Employees Outside the United States (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Extraterritorial Application of U.S. Law [New Chapter] Paul W. Mollica EEO Developments in the U.S. Courts of Appeals—2005-06 (mollica.pdf) EEO Developments in the U.S. Courts of Appeals—2004-05 (mollica.pdf) Employment Discrimination Law Update: Circuit Update on Federal Law EEO Disparate Treatment Cases "Mixed" Motive Cases Revisited: The Impact of Desert Palace v. Costa on Employment Litigation (eeo302.pdf) So You Want To Go To the Supreme Court?: Ride One of These Ten EEO Circuit Splits to Professional Glory (mollica.doc) Nancy Montwieler ABA Meeting Examines Challenges, Goals of New Technology Effect on Workplace Law (dlr72.doc) Impetus is Growing, But is There a Need for Law Barring Genetic Discrimination? (eeo2002mid2.doc) Wage-Hour Class Actions Surpassed EEO in Federal Courts Last Year, Survey Shows (eeo2002mid1.doc) Jonathan R. Mook Disability Discrimination: Developments in Case Law Under the ADA Ralph J. Moore, Jr. Multi-Employer Bargaining and The BNSF v. UTU Litigation (moore.wpd) S. Craig Moore English-Only Rules in the Workplace (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Steven W. Moore Annual Report of the Conflicts of Interest Subcommittee:2003 (moore.doc) Annual Report of the Conflicts of Interest Subcommittee: 2004 (marino.doc) Ethical Representation in Mediation (39.pdf) Scott A. Moorman The Occupational Safety and Health Act's Whistleblower Provision: Protections, Procedures, Developments and Resources (stark.doc) Raymond E. Morales Formulating Electronic Communication Policies in the Workplace (privacy.doc) Alfred E. Moreau "When Government Contracts Meet Labor and Employment Law": An Agency Perspective (moreau.doc) Phillis R. Morgan Equal Employment Opportunity in the Federal Sector (1999) Dennis J. Morikawa The Future of OSHA: Enforcement and Regulatory Issues (morikawa.doc) Henry Morris, Jr. The 2002-2003 Supreme Court Term (morris.doc) Douglas E. Motzenbecker Recent Case Law Developments Affecting Cash Balance Pension Plans (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Thomas Moukawsher ERISA Litigation Update—The Year In Review: The Top Ten Cases & Issues (34.pdf) Michael Mueller Who's Extorting Who?: Debunking Myths About the Use of Civil Rico in Labor Disputes (mueller.doc) Dana M. Muir The Plan Amendment Trilogy: Settling the Scope of the Settlor Doctrine (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Elisabeth Muller New European Legislation (especially New Directive on Information and Consultation of Employees) (ABABerlin.doc) Ramon Mullerat Corporate Social Responsibility (A Human Face to the Global Economy) (corporate.doc) Thomas Muller-Bonanni Interplay of Information and Consultation Requirements on Business Transfers (bonanni.doc) Darren M. Mungerson Agreements Between Employers Not to Hire Each Other's Employees: When Are They Enforceable? (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) Donald J. Munro The Continuing Vitality of Iberia Airlines—The Case of Indiana Harbor Belt R.R. v. BMWE (munro.doc) Multi-Employer Bargaining and The BNSF v. UTU Litigation (moore.wpd) Marlene S. Muraco 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) Grady B. Murdock, Jr. Advanced Employment Retaliation Issues (murdock.doc) Ellis B. Murov Arbitration of Employment Disputes before and after Circuit City (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Gregory J. Murphy The Technology Use Rights of the Non-Union Employee (arnoff.pdf) Terrence H. Murphy ADA Update (adaupdate.pdf) EEOC Administrative Process (eeo12.pdf) Performance Appraisals (eeo55.pdf) Succession Planning and Legal Considerations (murphy.pdf) Update on ADA Cases (murphy.doc) Clare Murray Data Privacy: The EU:US Interface (murray.doc) Enforcement of US Post-Termination Restrictions in the United Kingdom (murray.doc) P.J. Murray, III The Americans With Disabilities Act and Reasonable Accommodation: Are Employers Required To Reassign Disabled Individuals Who Can No Longer Perform Their Jobs? Teresa W. Murray Federal Employment Discrimination Cases
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Robert E. Nagle Report of Subcommittee on Criminal Enforcement-1999 Report of Subcommittee on Criminal Enforcement-2000 Report of Subcommittee on Criminal Enforcement-2001 (crim.wpd) Report of Subcommittee on Criminal Enforcement-2004 (criminal.wpd) Report of Subcommittee on Criminal Enforcement-2005 (cavazos.doc) Cynthia E. Nance The Ethical Issues Arising From Mediating with Unrepresented Parties (nance.doc) The Good Lawyer After September 11, Enron and WorldCom (nance.doc) Whistleblower Provisions of Sarbanes Oxley: Ethical Challenges for Inside and Outside Counsel (padilla.doc) Harvey A. Nathan Interest Arbitration Report (smith.doc) David Neigus Brief of Appellees International Associaton of Machinists and Aerospace Workers and International Association of Machinists and Aerospace Workers, District Lodge 141-M (brief.pdf) Linda A. Neilan Report of the Subcommittee on The Family and Medical Leave Act: 2006 (fmlareport.doc) James M. Nelson, Esq. Welfare Plans: Technical & Statutory (1999) Luella E. Nelson Preventing and Defending Litigation Against Neutrals (nelson.doc) Carolyn S. Nestingen Welfare Plans: Technical & Statutory (1999) Todd A. Newman A Suggested Approach to Applying the National Mediation Board's Railroad Merger Procedures (The Labor Lawyer, Winter/Spring 2000) John M. Nichols Public and Exempt Organizations Plans, 1999 James E. Nickles Presentation Before the Federal Sector Labor and Employment Law Committee Meeting (nickles.wpd) George Nicolau My Favorite and Least Favorite Cases (nicolau.pdf) Len Niehoff Apocalypse Not: Some Reflections on RICO, Labor Disputes and the First Amendment (niehoff.doc) Todd M. Nierman Recent Developments Under the WARN Act and the EPPA (nierman.doc) Recent Developments Under the WARN Act and the EPPA: 2003 (warn.doc) Report of the Age Discrimination in Employment Act Subcommittee: 2004 (nierman.doc) Report of the Age Discrimination in Employment Act Subcommittee: 2005 (nierman.doc) Report of the Age Discrimination in Employment Act Subcommittee: 2006 (adea.doc) Gregory B. Noble "Disclosure": The Plaintiff's Perspective (err283.pdf) EPLI Insurance: Is It Taking Over? The Rise of EPLI Insurance and Related Ethical Dilemmas Julie A. Noble Employee Cybersmear: Harassment or Free Speech? (noble.doc) The Virtual Office and the Employer's Duty to Comply with Statutory Standards (noble.doc) Herbert R. Northrup The Impact of BE&K Construction Co. v. NLRB on Employer Responses to Union Corporate Campaigns and Related Topics (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) Kerry E. Notestine Ethical Issues in Sexual Harassment Cases - 1999 Ethical Issues in Sexual Harassment Cases - 2000 Wendy L. Nutt May Unionized Employers Unilaterally Require Job Applicants to Agree to Arbitrate Individual Statutory Claims? (nutt.doc) Thomas C. Nyhan Multiemployer Plan Withdrawal Liability, 1999 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2000 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2001 Mid-Winter Report (multi.wpd)
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Maria O'Brien Hylton ERISA Remedies: Background Materials and Update (hylton.doc) The Impact of Pall on Bargaining: A Circuit By Circuit Analysis (pallwordver.doc) The Supreme Court's Labor and Employment Decisions: 2002-2003 Term (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) Donald T. O'Conner Do All No-Strike Clauses Prohibit Work Stoppages? Gregory O'Duden Practical Approaches to FLSA Overtime Claims in the Federal Sector (oduden.pdf) Judith Stilz Ogden Online Dispute Resolution (ogden.doc) Peter S. Ohr Balancing Interests Against the National Labor Relations Act (ohr.doc) National Labor Relations Act in a Non-Unionized Workforce (eeo223.pdf) Mike Okun Ethical Issues in Unfair Labor Practice Cases (ethicalissues.doc) Inaki Zallo Olaeta Files for Adjustment of the Workforce (olaeta.doc) Rebecca Oleksy Who Is "Disabled" Under the ADA? Some Selected Cases and Comments (eeo312.pdf) Mark Olson Constitutional Law Committee (dalba.doc) Subcommittee Report on Constitutional Due Process Issues: 2005 (olson.doc) Mary K. O'Melveny Achieving Diversity Within Unions (27.pdf) How Have the Courts Interpreted the FMLA's Protections? Negotiating the Minefields: Selected Issues for Labor Unions Addressing Sexual Harassment Complaints by Represented Employers (The Labor Lawyer, Winter/Spring 2000) One Bite of the Apple and One of the Orange: Interpreting Claims That Collective Bargaining Agreements Should Waive the Individual Employee's Statutory Rights (The Labor Lawyer, Fall 2003, Vol. 19, No. 2) When Private Files Go Public: Remedies Under the Americans With Disabilities Act for Breach of Confidentiality Requirements (omelven.doc) Thomas F. O'Neil, III Reassigning Disabled Employees under the ADA: Preferences under the Guise of Equality? (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Maureen E. O'Neill Defending a Class Action Selected Issues in Workplace Privacy (oneill.doc) The Zubulake Guide to Avoiding Spoliation: Protecting Your Client, and Yourself, While Navigating the New World of E-Discovery (oneill.doc) Fiona W. Ong Ethics in Electronic Communications (ong.doc) Tom Osborne ABA EEO Update (osborne.doc) Gregory J. Ossi An Argument That the WARN Act Does Not Allow Plaintiffs to Recover Non-ERISA Benefits (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Michael J. Ossip The Effective and Lawful Use of Releases and Waivers: Post-Oubre Implications The Family and Medical Leave Act of 1993 (1999) The Family and Medical Leact Act of 1993 (2000) The Family and Medical Leave Act, 2003 (hale.doc) Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act Yvette Ostolaza Federal Courts Divided Over Whether Medication or Other Mitigating Measures Should be Considered in Determining Whether an Employee is "Disabled" Under the ADA (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Wayne N. Outten ADR in Employment Cases: A Plaintiff's Lawyer's Perspective Chapter 48—Drafting ADR Agreements: A Plaintiff Lawyer's View (outten.doc) Covenants Not to Compete in International Context: How U.S. Courts Enforce Agreements Abroad (abroad.doc) Extraterritorial Application of U.S. Law [New Chapter] Handling Disputes Involving Current Employees: Perspective of Employee's Counsel Negotiating and Drafting Settlement Agreements: The Perspective of Employee's Counsel Negotiating Employment Agreements: An Employee's Lawyer's Perspective Settlement Issues in EEO Cases—A Plaintiffs' Lawyer's Perspective (outten.doc) Whistleblowing: The Claim for the New Millennium Terry R. Owens Can You Have a Diversity Program If You Aren’t A Government Contractor? (eeo42.pdf) Timothy J. Owens Employee Privacy in the Internet Era (towens.doc)
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Stephanie Sue Padilla Ethical Issues for Labor and Employment Attorneys Representing Companies in the Context of Mergers and Acquisitions (padilla.doc) Should State Ethics Rules Address Attorney Discrimination? (padilla.doc) Whistleblower Provisions of Sarbanes Oxley: Ethical Challenges for Inside and Outside Counsel (padilla.doc) Marisa Anne Pagnattaro Reemployment Rights for Noncareer Members of the Uniformed Services: Federal and State Law Protections (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Leonard R. Page Drug Testing in the Workplace - When can you test? Recent Decisions of the Bush Board (page.pdf) Report on Utilization of Section 10(j) Injunction Proceedings March 3, 1998 through January 15, 2001 (kearney.doc) Joseph L. Paller "Gentlemen Do Not Read Each Other's Mail" A Lawyer's Duties upon Receipt of Inadvertently-Disclosed Confidential Information (paller.pdf) Gregory M. Palmer Fair Labor Standards Act Practice: A Brief Primer for Employment Litigators (palmer.doc) J. Eric Paltell Report of the Subcommittee on the Family and Medical Leave Act Susan Parent Workforce without Borders: The Role of "Citizenship Preference" in Lay-Off Decisions (alvarez.doc) Cheryl A. Parham Benefit Claims Procedure and Review Lissa Paris Chapter 14: Liability Issues Unique to Welfare Plans (tucker.doc) Employee Benefit Issues and the Americans with Disabilities Act (23.pdf) ERISA Basics: Preemption ERISA Basics: Preemption (Update) Liability Issues Unique to Welfare Plans: 2001 Supplement (welfareplans.doc) Report of the Subcommittee on Civil Procedure Renee Parsons Does the Americans with Disabilities Act Really Protect Alcoholism? (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Timothy Judson Parsons Public and Exempt Organizations Plans, 1999 Report of Subcommittee on Collective Bargaining and Employee Benefits (2002) (craig.doc) Report of Subcommittee on Collective Bargaining and Employee Benefits (2000) Report of Subcommittee on Collective Bargaining and Employee Benefits (1999) Report of the Subcommittee on Ethics-1999 Report of the Subcommittee on Ethics-2000 Report of the Subcommittee on Ethics-2004 (ethicsreport.doc) Report of the Subcommittee on Ethics-2005 (selwyn.doc) Edward H. Passman In the Name of Security, Insecurity: The Trend to Diminish Federal Employees' Rights (The Labor Lawyer, Summer 2005, Vol. 21, No. 1) Michael D. Patrick LCA Obligations and Enforcement (patrick.pdf) Lesley A. Pate Sarbanes-Oxley: A New Whistle Stop for Whistleblowers (The Labor Lawyer, Summer 2005, Vol. 21, No. 1) Lindsay C. 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The Ups and Downs, Ins and Outs, Truths and Myths of Resolving Ancillary Issues to a Labor Dispute (pauling.doc) Implications of Crown Cork & Seal Co., 334 NLRB No. 92 (2001) for Employee Involvement Committees as "Labor Organizations" Under the Act, The (pauling.doc) What Constitutes "Dealing With" Pursuant to Section 2(5) of the Act Since Electromation, Inc., 309 NLRB 990 (1992)? (pauling.doc) Alice F. 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Pedowitz Covenants Not to Compete, Trade Secrets and Duty of Loyalty (brock.doc) Dealing with a Raid on a Company's Business Information and Key Employees: A Litigation Primer Using Fact Patterns, Checklists, and Litigation Forms Tortious Interference Claims Arising from Violations of Restrictive Covenants in Employment Agreements: A State-By-State Survey (statesurvey.doc) Trade Secrets: A State-by-State Survey Henry H. Perritt, Jr. Analysis of U.S. Supreme Court Employment Law Decisions (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) The National Labor Relations Act in Cyberspace: Union Organizing in Electronic Workplaces (perritt.doc) Georgeann G. Peters Welfare Plans: Technical & Statutory (1999) Lowell Peterson Benefit Claims Procedure and Review Mid-Winter Report of the Employee Benefits Committee Report of the Subcommittee on Legislative and Administrative Oversight: 2001 (oversight.wpd) Significant Regulatory Activity Susanne Peticolas Ethical Considerations for Immigration Attorneys (peticolas.pdf) Jon E. Pettibone Bannering Neutrals—Coercive Secondary Boycott or Free Speech? (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Thomas L. Pfister Recent Developments in Employment Discrimination Class Actions Gary Phelan EEO Update - Since Last We Met: Major Developments Under ADA James J. Philbin III The Future of OSHA: Enforcement and Regulatory Issues (morikawa.doc) Jane H. Philbrick An Employee by Any Other Name Does Not Smell as Sweet: A Continuing Drama (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Randel E. Phillips Ethical Issues—2002: A Survey (phillips.doc) Robert T.M. Phillips Mental Health Experts in Employment and Medical Malpractice Litigation Mental Health Experts in Employment Litigation (phillips.doc) Nancy Picard Current Issues in Discrimination Litigation Against Unions (picard.doc) David Pickle Report of Fiduciary Responsibility Subcommittee John O. Pieksen, Jr. IRCA's Anti-Discrimination Provisions: The Impact on Recruitment, Hiring, and Firing of Foreign Nationals (katz.doc) William E. Pilchak Pounding Square Pegs Into Round Holes: Non-Compete Agreements for Temporary Employees Stand Existing Law on It's Head (The Labor Lawyer, Fall 2005, Vol. 21, No. 2) Jeffrey M. Place Communications Technology in the Workplace—Outline Update 2001 (jplace.wpd) Communications Technology in the Workplace L. Steven Platt The OWBPA and Issues Raised by the Regulations Both Past and Proposed; Impact of the Oubre Decision Ignacio Plaza Collective Bargaining in the European Aviation Single Market (plaza.doc) Steven F. Pockrass Report of the Subcommittee on the Family and Medical Leave Act Abigail J. Politzer Trends in Harassment Law Part I: Complaints Concerning Teenage Employees (lawrence.pdf) Sheldon D. Pollack Graduate Students, Unions, and Brown University (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Roger Pollak The Good, the Bad and the Ugly: An "In"coherent Theory of Self-Help Following Section 1113 Rejection of an RLA Collective Bargaining Agreement (rlabank.doc) Jessica Pollock Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act Larry Poltrock 1999 Report of the Committee on State and Local Government Bargaining and Employment Law Gloria M. Portella Advocacy Mistakes and Successes at Mediation (advocacy.doc) Timothy L. Porter Comparative European and U.S. Standards of Conduct for Lawyers (porter.doc) Michael Posner Ethical Issues in Traditional Labor Law: Conflicts of Interest for Union Side Counsel in the Duty of Fair Representation; Preemption of Malpractice Claims Under the Labor Management Relations Act and the Labor Management Reporting and Disclosure Act (posner.wpd) Multi-Jurisdictional Practice Issues for Labor and Employment Attorneys; A Union and Employee Side Perspective (posner.doc) A Union Perspective of the NLRB Skip Counsel Rules (posner.doc) Lawrence P. Postol The New FLSA Regulations Concerning Overtime Pay (The Labor Lawyer, Fall 2004, Vol. 20, No. 2) Robin Potter Selection Procedures in Reductions in Force (reductions.doc) Primer on Successorship: Practical and Legal Implications Charles A. Powell, IV Checklist of Defenses to Employment Claims (eeo32.pdf) David D. Powell, Jr. The Impact of Joint Representation on the Duty to Maintain Client Confidences (powell.doc) David S. Preminger Report of the Subcommittee on Fiduciary Responsibility, 2004 (wagner.doc) Report of Fiduciary Responsibility Subcommittee Natasha M. Price Hidden Liabilities in the Contingent Workforce: Guidelines and Tips for Management (goebel.doc) Terry Price 1999 Annual Report of the ERISA Litigation Subcommittee 2000 Report of the ERISA Litigation Sub-Committee of the ABA Committee on Employee Rights and Responsibilities Peter C. Prynkiewicz Report of the Subcommittee on the Family and Medical Leave Act Bennett L. Pugh Medicare Issues in Workers' Compensation Settlements (pugh.doc) Daniel T. Purtell Ex Parte Contacts with Employees of the Defendant Employer (purtell.doc)
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John L. Quinn, Esq. Arbitration in the Collective Bargaining Context after Circuit City Stores, Inc. v. Adams (quinn.doc) Joseph F. Quinn Medical Privacy in the Workplace: 1999 Update
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Keren C. Rabin Litigation Developments: Technology in Employment Discovery and Trial (swall.wpd) Robert J. Rabin The Editor's Page (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) The Editor's Page (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) The Editor's Page (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) The Editor's Page (The Labor Lawyer, Summer 2000, Vol. 16, No. 1) The Editor's Page (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Unions without Unions? (rabin.pdf) Robert Rachal Cases and Issues in Cash Balance Plan Litigation (The Labor Lawyer, Summer 2006, Vol. 22, No. 1) The Duty to Inform and Fiduciary Breaches: The "New Frontier" in ERISA Legislation (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Reducing ERISA Fiduciary Exposure in an Uncertain World (rachal.pdf) Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2005 (clark.doc) Jani K. Rachelson Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Multiemployer Plan Withdrawal Liability, 1999 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2000 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2001 Mid-Winter Report (multi.wpd) Survey of State Fair Share and Universal Health Coverage Legislation (32.pdf) Anne M. Radolinski Application of U.S. Discrimination Laws to Overseas Operations of U.S. Companies and to U.S. Citizens Abroad Howard Radzely 1997-1998 Treatise Supplement: The Fair Labor Standards Act 1998-1999 Treatise Supplement: The Fair Labor Standards Act Nancy Rafuse Role of the Expert (rafuse.pdf) Jack A. Raisner Extraterritorial Application of U.S. Law [New Chapter] Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace: 2000 Adele Rapport Free Speech and Harassment Claims: Whose Right Is It Anyway? (err82.pdf) Medical Inquiries and Employment References: When Does an Employer Cross the Line? (rapport.doc) Daniel J. Ratner A Labor-Side Prospective on Employee/Independent Contractor Status after Roadway Package and Dial-A-Mattress John N. Raudabaugh Contract Modification and Unilateral Change … A “Traditional Dichotomy” or an Untenable “Rigid Distinction”? (raudabaugh.doc) Brent D. Rector Medical Privacy in the Workplace: Citations to Selected Federal Authority (rector.pdf) Ron M. Reddick Suing City Hall and the Mayor Too! Litigation of Constitutional and Section 1983 Employment Issues Benjamin Reed 1997-1998 Treatise Supplement: The Fair Labor Standards Act Ann Elizabeth Reesman Brief of the Equal Employment Advisory Council as Amicus Curiae in Support of Defendant-Appellant and in Support of Reversal (bartellbrief.pdf) Top Ten ADA Issues Edward J. Reeves Defense Analysis Under Faragher/Ellerth of Ms. Strong's Sexual Harassment 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace: 2000 The Impact of Medical Marijuana Laws on Employment in the Wild, Wild West Eric D. Reicin Top Employment Issues Facing In-House Counsel (reicin.doc) Michelle A. Reinglass Plaintiff’s Checklist—Development of a Plan and Briefs of Selected Cases (eeo33.pdf) Marianne Reinhold Trends in Harassment Law – Hostile Workplace Claims (reinhold.pdf) Kenneth M. Reiss Reassigning Disabled Employees under the ADA: Preferences under the Guise of Equality? (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Michael Reiss Expert Witnesses in Employment Litigation: Key Rules, Concepts and Recent Cases Motion in Limine Catherine E. Reuben Sample Telecommuting Policy (reuben.doc) Tips for Drafting Telecommuting Policies (telecommuting.doc) Christopher P. Reynolds Defendant's Confidential Statement for the Mediator High-Tech Harassment: How to Address Hostile Workplace Claims Based on E-Mail and Internet Usage (reynolds.doc) Filling in the Blanks: A Review of Developments Following the Supreme Court's Sexual Harassment Rulings Preparing for Change: Non-Conforming Gender Identity Issues in the Workplace (reynolds.pdf) N. Elizabeth Reynolds Employee Voting Rights and the Act's Policies - MGM Grand Hotel, New Otani Hotel, and Chelsea Industries (kennedy.wpd) The More Things "Stay the Same," the More They (Unilaterally) Change: Alan Ritchey, Monterey Newspapers, and Why a Pre-Existing Policy of Discretion Does Not Excuse a Newly Organized or Successor Employer from Bargaining in Advance of Discipline (reynolds.doc) Ellen C. Rice High-Tech Harassment: How to Address Hostile Workplace Claims Based on E-mail and Internet Usage (rice.doc) Julie Richard-Spencer An Arbitral Review of Religious and National Origin Discrimination Issues (richard-spencer.wpd) Blake A. Rigel Report of the Equal Pay Act Subcommittee: 2000 Mark D. Risk Cybersmear: It's What the Internet is for, Right? (barber.pdf) Employment Contracts, Basically: 2005 (risk01.doc) Employment Contracts, Basically: 2003 (risk.doc) Employment Contracts, Basically: 2004 (err23.pdf) Evolving Standards for Cost-Shifting in Electronic Discovery (err93.pdf) Getting the Message: Discovery of Email Communications Getting to Less: Submission of Legal Briefs on CD-ROM (annual030.wpd) Harry A. Rissetto The Public Policy Exception to Arbitration Award Finality (rissetto.wpd) Self-Help and the Railway Labor Act: Legends, Myths and Fables (rissetto.doc) Tangible Employment Action: What Did the Supreme Court Really Mean in Faragher and Ellerth? (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) Elaine Cribba Rizza Report of the Subcommittee on Benefit Claims Charles A. Roach On-Site Drug Testing—A State-by-State Summary (burke.doc) Susan S. Robfogel Electronic Communication and the NLRA: Union Access & Employer Rights Electronic Communication and the NLRA: Union Access & Employer Rights (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Eric P. Robinson Big Brother or Modern Management: E-mail Monitoring in the Private Workplace (The Labor Lawyer, Fall 2001, Vol. 17, No. 2) Update on Employer E-mail Monitoring: The Ninth Circuit Joins the Mainstream (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) Laurie Nicole Robinson Retail Industry Picketing and Handbilling: Access Rights of Non-Employee Union Representatives, Striking, and Off-Duty Employees to Shopping Malls, Parking Fields, Stores, and Other Private Property (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Elizabeth A. Rodgers Maximizing Economic Damages: Discovering all the Relevant Facts, Investigate, Investigate, Investigate Robert Rogers 1998-1999 Treatise Supplement: The Fair Labor Standards Act Sean Rogers Anatomy of a Federal Sector Arbitration (rogers.doc) Michael Roitman The New Federal Rules of Civil Procedure and Their Implications for Employment Law Cases (roitman.wpd) Joseph E. Ronan Tax Aspects of Executive Compensation (ronan.pdf) Bernd Roock Influence of European Court Decisions on the Administration of German Labour Courts Concerning Transfers of Business (roock.doc) Thomas A. Roper How Do You Say Covenant in French ... Spanish ... German? Enforcing Covenants Not to Compete in The International Workforce: The Canadian Perspective (roper.doc) Jonathan G. Rose Report of the Subcommittee on Ethics-2005 (selwyn.doc) Jon H. Rosen Proving and Limiting Damages in Harassment and Retaliation Claims From a Union Lawyer’s Perspective (eeo151.pdf) James M. Rosenbaum True Challenges in EEO Lawsuits – Dealing With Compensatory and Punitive Damages in EEO Litigation (hartstein.pdf) Sara Rosenbaum A Brief Overview of Major Features of Pending Patient Protection Legislation: House and Senate Versions of H.R. 2990 Lee A. Rosengard Optimizing Client Effectiveness in Mediation Ira Rosenstein Collective Bargaining and Employee Benefits Michael Rosenthal Report of Fiduciary Responsibility Subcommittee Steven L. Ross Report of the Subcommittee on Ethics-1999 Merrick T. Rossein Harassment: Where Do We Stand? Review of Developments Following the Supreme Court's Sexual Harassment Rulings E. Michael Rossman Procedural Approaches for Countering Dual-Filed FLSA Collective Action and State Law Wage Class Action (The Labor Lawyer, Winter/Spring 2005, Vol. 20, No. 3) Robert P. Roy Sub-Committee Report on State Agricultural Labor Law (roy.doc) Holly Royce Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace: 2000 Medical Privacy in the Workplace: 1999 Update Yona Rozen Union Liability Under Title VII with an Emphasis on Recent Retaliation Cases (rozen.doc) Unions and the ADA (rozen.pdf) Ira P. Rubtchinsky Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace: 2000 Dahlia C. Rudavsky The First Circuit's Astra Ruling: A Major Aid to Anti-Bias Efforts Mark S. Rudy Representing Parties in Mediation Proceedings (rudy.wpd) Myron D. Rumeld Chapter 12: Civil Practice and Procedure (stein.doc) Kimberlie K. Ryan An Insider’s View of the EEOC: The People, The Politics, The Practice: Plaintiff’s Perspective (eeo13.pdf) Timothy F. Ryan Banners, Rats, and Other Inflatable Toys: Do They Constitute Strike Activity? Do They Violate Section 8(b)(4)? (ryan.doc) The Status of Union Access to Employer Property Donna M. Ryu Establishing a Hostile Work Environment Based on a Protected Status Other than Sex (ryu.doc) Wlodzimierz Rzasa Poland Outsourcing / Relocation Panel (paris.pdf)
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Steven J. Sacher Employee Benefits Law Sixth Circuit Holds that a Reservation of Rights in the Plan in Some of the SPDs Trumps "Lifetime" Statement in SPDs (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Judith Batson Sadler Ethical Issues in Unfair Labor Practice Cases (ethicalissues.doc) Mandatory Arbitration: Recent Developments After Gilmer in the Evolving Area of Dispute Resolution Through the Use of Mandatory Arbitration Agreements Dieter Sadowski A Rationalistic Cost-Minimization Approach to the International Transfer of HRM/IR Practices: Anglo-Saxon Multinationals in the Federal Republic of Germany (sadowski.doc) David M. Safon Report of the Subcommittee on Developments Under the Age Discrimination in Employment Act 2005 Midwinter Meeting Report of the Subcommittee on the Sarbanes-Oxley Act of 2002 (safon.doc) 2006 Midwinter Meeting Report of the Subcommittee on the Sarbanes-Oxley Act of 2002 (safon.doc) B. Shana Saichek Public and Exempt Organizations Plans, 1999 Paul Salvatore Bargaining Unit Consolidations: One Union or Two? (The Labor Lawyer, Winter/Spring 2005, Vol. 20, No. 3) Jocelyn F. Samuels Covering Contraceptives in Employee Benefits Plans: A Healthy Policy for Employees and Employers Alike (samuels.wpd) Pamela Samuels Whistleblower Provisions of Sarbanes Oxley: Ethical Challenges for Inside and Outside Counsel (padilla.doc) Marci Sanchez Hidden Liabilities in the Contingent Workforce: Guidelines and Tips for Management (goebel.doc) Alan Sandals Report of Fiduciary Responsibility Subcommittee Patrick M. Sanders Last Chance Agreements: Proceed with Caution (sanders.doc) Sheldon N. Sandler Report of the Subcommittee on Legislative Developments: 2000 John E. Sands The Arbitration Setting and the Tension Between Due Process, Expedited Proceedings, "Winning," and Ongoing Cooperative Relationships Is Is Time to Develop a Model Employment Arbitration Agreement? (sands.pdf) Withholding Information in the Grievance Proceedings: Is There No Penalty? - An Arbitrator's Perspective (sands.doc) "'You Did What?': Non-Traditional ADR to Manage Diversity Issues (sands.pdf) Jim Sanford Unions and the ADA (rozen.pdf) Sergio Santillan The Dismissal in Spain (santillan.doc) Donald Sapir Circuit City on Remand and Selected Cases after Circuit City Regarding the Future of Mandatory Pre-Dispute Agreements to Arbitrate Employment Claims (sapir.doc) The Other Victims of Sexual Harassment: Unfairly Accused or Fairly Accused but Unfairly Discharged Perpetrators Tani E. Sapirstein The Plaintiff's Perspective on Anti-Harassment Policies and the Ellerth and Faragher Affirmative Defense Michael C. Saqui Sub-Committee Report on State Agricultural Labor Law (roy.doc) Todd L. Sarver "If I Only Had the Nerve . . ." I Would Analyze the Impact of Section 7 Rights on National Security Issues (sarver.pdf) Steve Sasala Federal Service Labor The Merging of Federal Employee Labor Relations wth the Standard for Private Sector Labor Relations: The Experience with the Postal Service Janet Savage Conflicts of Interest Issues in Simultaneous Representation of Employers and Employees in Employment Law (savage.doc) The Litigator as Arbitrator: Particular Ethical Conerns (savage.doc) Jeffrey A. Savarise How Lawyers Can Promote Responsible Use of Medical Experts in Americans With Disabilities Act Litigation (fitzpatrick.doc) Glen Savits Employer Inquiries and Disclosure of Employee Legal Drug Use under the Americans With Disabilities Act Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace Report on the Third Circuit (err204.pdf) Eugene Scalia Emerging Issues Under the Sarbanes-Oxley "Whistleblower" Provision (scalia.doc) Steven Scapelliti Report of Fiduciary Responsibility Subcommittee Victor Schachter NLRB Use of Investigative Subpoenas and Summary of Some Key Issues Janae Schaeffer Report of the Subcommittee on Civil Procedure William Lynch Schaller Jumping Ship: Legal Issues Relating to Employee Mobility in High Technology Industries (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Neal S. Schelberg Benefit Issues in the Evolving Concept of "Family" (shapiro.pdf) Sara Schiavoni Judicial Hostility Toward Labor Unions? Applying the Social Background Model to a Celebrated Concern Nancy Schiffer Organizing Contingency Workers: Community of Interest v. Consent (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Temporary/Contingent Workers: Will They Ever Be Accorded Full NLRA Rights? (schiffer.doc) Under Challenge? The Duty to Provide the Names and Addresses of Replacement Workers (schiffer.pdf) Andrea R. Schleeter Report of the Equal Pay Act Subcommittee: 2000 Leonora M. Schloss Managing Your Most Difficult Leaves of Absence (eeo56.pdf) Matthias Schmitt A Rationalistic Cost-Minimization Approach to the International Transfer of HRM/IR Practices: Anglo-Saxon Multinationals in the Federal Republic of Germany (sadowski.doc) Martin Schneider Managing Judicial Performance: A Comparison of German Labor Court Judges with U.S. Administrative Law Judges at the NLRB (aba2002.pdf) Laura S. Schnell Practice Tips in Advising Employees and Litigating Retaliation Claims on their Behalf (schnell.doc) Elinor P. Schroeder Noteworthy Development Over the Year Alan D. Schuchman Employee Misuse of Employer's Technology (dexter.pdf) Jennifer S. Schumacher Retirement Plan Design, Qualification and Administration Timothy J. Schumann Worker's Compensation Settlements: Dealing with the Dreaded Health Insurance Carrier (seminar.doc) Kathleen R. Schwappach, Esq. Welfare Plans: Technical & Statutory (1999) Bryan J. Schwartz In the Name of Security, Insecurity: The Trend to Diminish Federal Employees' Rights (The Labor Lawyer, Summer 2005, Vol. 21, No. 1) Daniel J. Schwartz Public and Exempt Organizations Plans, 1999 Cary Schwimmer 2005 Privacy Subcommittee Annual Update (cornish02.doc) 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) 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" John C. Scott A Primer on Employment Test Development and Validation (lundquist.pdf) Nancy Sedmak Labor Standards No Longer Subject Of Debate, Samet Tells ABA Session (annual5.doc) Joseph M. Sellers Advanced Class Actions Basic Class Actions Dawn E. Sellstrom Welfare Plans: Technical & Statutory (1999) Richard M. Seltzer Assessing Employee Rights and Employer Wrongs in Bankruptcy - A Union Perspective (seltzer.doc) Douglas M. Selwyn Report of the Subcommittee on Ethics-1999 Report of the Subcommittee on Ethics-2000 Report of the Subcommittee on Ethics-2001 (ethics.doc) Report of the Subcommittee on Ethics-2004 (ethicsreport.doc) Report of the Subcommittee on Ethics-2005 (selwyn.doc) Joseph Semo, Esq. Mid-Winter Report of the Employee Benefits Committee Report of Fiduciary Responsibility Subcommittee Report of the Administrative and Legislative Subcommittee-1999 Report of the Subcommittee on Legislative and Administrative Oversight: 2001 (oversight.wpd) Welfare Plans: Technical & Statutory (1999) Marci Seville Developing Issues in Retaliation Law (seville.doc) Paul D. Seyferth A Roadmap of the Law of Summary Judgment in Disparate Treatment Cases (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) Richard T. Seymour Disparate Impact (seymour.pdf) Equal Employment Law Update 2001 (seymour.wpd) Equal Employment Law Update Suggestions for Handling Pro Se Claimants in Handbook Arbitration Trends in Employment Discrimination Law: 2004 (eeo72.pdf) Trends in Employment Discrimination Law: 2003 (seymourtrends.doc) Trends in Employment Discrimination Law: 2002 (seymour.doc) Trends in Employment Discrimination Law: 2000 Trends in Employment Discrimination Law: 1999 What Hath Waffle House Wrought? (adrseymour.doc) Steven W. Seymour The Elusive Employee (How to Count Those Who Count) (seymour.doc) Hina Shah Ethnic and Religious Discrimination (shah.wpd) Raphael Shannon Public and Exempt Organizations Plans, 1999 Report of Subcommittee on Reporting and Disclosure: 2003 Developments (janich.doc) Report of Subcommittee on Reporting and Disclosure: 2004 Developments (janich.doc) Howard Shapiro Benefit Claim Litigation (shapiro.doc) Benefit Issues in the Evolving Concept of "Family" (shapiro.pdf) The Duty to Inform and Fiduciary Breaches: The "New Frontier" in ERISA Legislation (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Employee Benefits Law Ashoo K. Sharma Tracking the Path to Parity between Mental and Physical Health Benefits (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Chantel Sheaks Liability Issues Unique to Welfare Plans What You Don't Know Will Hurt: COBRA Litigation Robert A. Shearer, J.D. Advocate Ethics in Mediation and Negotiation (cary.doc) Wendy E. Sheldon Developments in Employment Discrimination Law: Emphasizing the Law of Sexual Harassment Charles W. Shewmake Talking the Walk: A Short History of the Injunction Requiring Advance Notice of Strikes (shewmake.doc) Peter O. Shinevar ERISA Update: Developments for Cash Balance Plans (shinevar.doc) Welfare Plans: Technical & Statutory (2000) Patricia A. Shiu Domestic Violence and Employment: A Survey of Employment Rights in the Workplace (lakner.pdf) Scotty Shively Alternative Dispute Resolution in the Workplace—A Time Arrived (shively.doc) HIPAA for Employers (shively.doc) W. V. Bernie Siebert The 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) (tras.doc) The Bush Board: A Panel Discussion On The Bush Board's Decisions (21.pdf) Robert A. Siegel Attorney-Client Privilege Ethical Issues in Practice Before the NLRB: Contacts with Represented Parties and Witnesses (siegel.pdf) Opening Brief of Plaintiff-Appellant United Air Lines, Inc. (siegelopen.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) Reply Brief of Plaintiff-Appellant United Air Lines, Inc. (siegelreply.doc) US Airways v. National Mediation Board: First Amendment Rights and the Right of Self-Organization Under the RLA Andrew Siff 1997-1998 Treatise Supplement: The Fair Labor Standards Act Mary Ellen Signorille ERISA Basics: Preemption ERISA Preemption Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-1999 Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2000 Report of The Subcommittee on ERISA Preemption and Effects on Other Laws-2001 (erisa.wpd) Section 510 Litigation (cook.wpd) Robert W. Sikkel EEO-1 Reports: What Do They Really Tell Us (sikkel.doc) Trade Secrets: A State-by-State Survey Nancy E. Silber Multiemployer Plan Withdrawal Liability, 1999 Mid-Winter Report B. Scott Silverman 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) William E. Simkin Code of Professional Responsibility for Arbitrators Labor-Management Disputes (simkin.doc) Jennifer M. Simmons Neutrality Agreements and the NLRB (cohen.doc) Terri A. Simmons Immigration Law Basics (tynan.pdf) Michael Simons Medical Privacy in the Workplace: 1999 Update James L. Simpson 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee James I. Singer Employee Benefits Law Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Cary R. Singletary Advocate Ethics in Mediation and Negotiation (cary.doc) Gary Siniscalco Legal and Practical Considerations in Reductions-In-Force (siniscalco.doc) Subjective Decisionmaking: Proper or Problematic? (siniscalco.pdf) Shirin Sinnar Trends in Post 9/11 Backlash Employment Discrimination (sinnar.pdf) Bernard R. Siskin Using Statistical Analysis in Reduction-in-Force ADEA Litigation Richard Siwica The Board Reconsiders The Love's Barbeque Remedy (siwica.doc) Stephen W. Skrainka History of the Adoption and Amendment of FLSA Section 16(B), Related Portal Act Provisions, and Fed. R. Civ. P. 23 Christopher Lee Slaughter Report of Fiduciary Responsibility Subcommittee Dorisa Smith Federal Employment Discrimination Cases Juereta Smith Welfare Plans: Technical & Statutory (1999) Report of the Subcommittee on Benefit Claims Jules L. Smith Americans with Disabilities Act—The Top Compliance Issues: A Union Perspective Employee Leaves of Absence: The ADA, FMLA and Workers' Compensation Laws (smith.doc) Understanding How to Apply the DSM-IV to a Case under the ADA (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) M. Patricia Smith ERISA Preemption and State Insurance Regulation of Healthcare Arrangements R. Michael Smith Internet Resources for Labor & Employment Lawyers (smith.doc) Joint Representation: An Ethical Minefield (msmith.doc) Rebecca Smith Hoffman Plastic Compounds, Inc. v. NLRB: Courts Limit the Erosion of Legal Protections for Undocumented Workers (alvarez.doc) Robert J. Smith, Jr. AMA Guides - A Judicial Perspective Interest Arbitration Report (smith.doc) Rodney A. Smith This Isn't Your Father's Title VII: A Look at the Expanding Protected Classes under Title VII (paul.doc) Sam J. Smith 2003-2004 Treatise Supplement: The Fair Labor Standards Act (midwinter05.doc) Thomas Royall Smith Mail Ballot Elections: A Management Perspective Rocco A. Solimando Professionalism: In the Heat of Battle (giannasi.doc) Gerard D. Solis Sexual Harassment: Effective Policies and Procedures After Faragher (buess.doc) Lafe Solomon Outline of Sturgis and Related Cases (solomon.doc) Michael Sousa Reconciling the Otherwise Irreconcilable: The Rejection of Collective Bargaining Agreements Under Section 1113 of the Bankruptcy Code (The Labor Lawyer, Winter/Spring 2003, Vol. 18, No. 3) J. Alfred Southerland Report of the Subcommittee on the Family and Medical Leave Act Thomas J. Speiss III Does the Americans with Disabilities Act Really Protect Alcoholism? (The Labor Lawyer, Summer 2004, Vol. 20, No. 1) Evan J. Spelfogel Employee Benefits Law Retail Industry Picketing and Handbilling: Access Rights of Non-Employee Union Representatives, Striking, and Off-Duty Employees to Shopping Malls, Parking Fields, Stores, and Other Private Property (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Brad W. Spencer Welfare Plans: Technical & Statutory (1999) Julie Richard Spencer The Effective Use of Discovery Tools (eeo34.pdf) Felix Springer The Other Victims of Sexual Harassment: Unfairly Accused or Fairly Accused but Unfairly Discharged Perpetrators Margaret H. Spurlin Adjustment Board Awards: Legal Issues Presented By Noncompliance An Unhappy Crossroads: The Interplay of Bankruptcy and Airline Labor Law (gallagher.doc) Jerome M. Staller Valuing Company Stock Option Compensation in Litigation (staller.pdf) Cynthia Marcotte Stamer Liability Issues Unique to Welfare Plans Theodore J. St. Antoine The Clarification of Awards and Issuance and the FTC-NAA Consent Order on Solicitation (stantoine.doc) Kenneth B. Stark The Occupational Safety and Health Act's Whistleblower Provision: Protections, Procedures, Developments and Resources (stark.doc) Paul E. Starkman 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Cases to Consider BEFORE the Exit Interview (starkman.wpd) Check this Out: Employer's Use of Background Investigation in Hiring Employees (starkman.doc) New Developments Under Title III of the ADA as of January 7, 2000 Primer on Successorship: Practical and Legal Implications M. Jefferson Starling, III Epilepsy Foundation of Northeast Ohio: A Case of Questionable Reasoning and Consequences (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Extending Weingarten Rights to the Non-Unionized Sector - "Fuzzy" Washington Thinking or Clear Federal Decision Making? (starling.doc) War of the Words: Etymologists Attack the NLRB (Defining Supervisors the Old-Fashioned Way) (starling.pdf) Michael Starr Sex Stereotyping in Employment: Can the Center Hold? (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) Jami Statham Medical Inquiries and Employment References: When Does an Employer Cross the Line? (rapport.doc) Rebecca Harrison Steele Report of the Subcommittee on Ethics-1999 Roberta L. Steele Mediation of Consent Decrees to Resolve Class Wide Claims of Employment Discrimination by Private Plaintiffs' Counsel and the EEOC (steele.doc) Peter R. Steenland, Jr. Implementing a Vision: The Attorney General's Peacemakers and Problem Solvers Invade Federal Agencies, Promoting Dispute Resolution (houk.wpd) Jeffrey G. Stein Chapter 12: Civil Practice and Procedure (stein.doc) Robert von Steinau-Steinruck Restructuring, Mass Lay-Offs and Redundancies: Negotiations and Collective Agreements-Employer Perspectives (steinruck.doc) Lynne R. Stern Advocacy Mistakes and Successes at Mediation (advocacy.doc) Robby Stern Perspective of AFL-CIO on Development & Application of the AMA's Guides on the Evaluation of Permanent Impairment Jean R. Sternlight The Ultimate Arbitration Update: Examining Recent Trends in Labor and Employment Arbitration in the Context of Broader Trends with Respect to Arbitration (sternlight.doc) Darnley D. Stewart Secret Taping of Conversations in Employment Disputes (dexter-stewart.pdf) Title VII Class Actions after Allison v. Citgo Petroleum, Inc. Henry G. Stewart Mandatory Mediation Under Collective Bargaining Agreements Teresa Butler Stivarius An Update on the FTC's Vail Letter and Application of the FCRA to Investigations of Employee Wrongdoing (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) Susan E. Stoffer Subcommittee on Plan Design, Qualification and Administration (dougherty.doc) Susan E. Stokes Title VII Class Actions after Allison v. Citgo Petroleum, Inc. Manfred Stolz Covenants Not to Compete under German Employment Law (covenants.doc) Brian M. Stolzenbach 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) Dan Stormer Jury Related Issues in Harassment and Retaliation Claims (eeo114.pdf) True Challenges in EEO Lawsuits – Dealing With Compensatory and Punitive Damages in EEO Litigation (hartstein.pdf) Roman E. Stoykewych A Note on the Seniority Resolutions Arising out of the Merger of Air Canada and Canadian Airlines (seniority.doc) Amy L. Strauss Sex Stereotyping in Employment: Can the Center Hold? (The Labor Lawyer, Winter/Spring 2006, Vol. 21, No. 3) Jan W. Sturner An Argument That the WARN Act Does Not Allow Plaintiffs to Recover Non-ERISA Benefits (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Responding to NLRB Subpoenas (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Thomas J. St. Ville Welfare Plans: Technical & Statutory (1999) Michel C. Subit Employment Law Developments 2005-2006: Issues Resolved and Some That Should Be (3.pdf) Making Sense of the "Mixed-Motives" Morass (subit.doc) The Burdens of Employment Discrimination Cases (subit.doc) Voir Dire Issues for the Union Attorney in Sexual Harassment Cases (eeo115.pdf) Workplace Violence: What Can the Union Do? (subit.pdf) Amy Sugimori Hoffman Plastic Compounds, Inc. v. NLRB: Courts Limit the Erosion of Legal Protections for Undocumented Workers (alvarez.doc) Karen K. Suhre Report of the Subcommittee on Ethics-1999 Brian P. Sullivan Valuing Company Stock Option Compensation in Litigation (staller.pdf) Kathleen M. Sullivan Recent Cases Under the Family Medical Leave Act in 1999 Jennifer Fox Swain Employment Torts (basics_swain.pdf) Justin M. Swartz Mandatory Arbitration of Statutory Employment Claims (goodman.doc) Matthew E. Swaya Emerging Technology in the Workplace (The Labor Lawyer, Summer 2005, Vol. 21, No. 1) Erin M. Sweeney 1999 Annual Report of the ERISA Litigation Subcommittee ERISA Litigation Subcommittee Report (rnrreport.doc) ERISA Update: The Top Eleven Issues Group Health Plan Litigation Under the ADA Occupational Disability Policies Providing Total Disability Benefits Report of Fiduciary Responsibility Subcommittee Top Ten Issues for Practitioners 2000 Report of the ERISA Litigation Sub-Committee of the ABA Committee on Employee Rights and Responsibilities Janet Swerdlow Management Perspective of NLRB Skip Counsel Rules (swerdlow.doc) Sharon A. Swift Labor and Employment Issues in the Technology Sector (swift.wpd)
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Alan Tafapolsky Pre-employment Inquiries and IRCA (tafapolsky.doc) Nicholas J. Taldone Welfare Plans: Technical & Statutory (1999) Eric Akira Tate Workplace Investigations: When, Who, and How (tate.doc) Workplace Investigations: When, Who, and How—Summary (err25.pdf) Michael Taylor 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) Michael Tedesco Don't Bother Us With the Facts: The NLRB's view of Section 7 Rights and Considerations of National Security (tedesco.pdf) Marilyn S. Teitelbaum Suing City Hall and the Mayor, Too! Developments in Employment Law Under the First Amendment The Union's Responsiblity and Potential Liability When Dealing, In Its Representative Role, with Sexual Harassment Cases (teitelbaum.wpd) Nigel F. Telman Defending Age-Based Claims After Smith v. Jackson (telman.pdf) Harry F. Tepker, Jr. The 1998-99 Term of the U.S. Supreme Court: The Labor & Employment Cases 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) Christopher T. Terrell War of the Words: Etymologists Attack the NLRB (Defining Supervisors the Old-Fashioned Way) (starling.pdf) James B. Thelan A Survey of 2001 Circuit Court Decisions Involving Labor and Employment Arbitration Cases (survey.doc) Ming Henderson-Vu Thi Burden of Proof in Discrimination Cases: Guilty Until Proven Innocent ... (thi.doc) French Law Non-Compete Covenants (thi.doc) The Halde, A New Discrimination Watch Dog in France (halde.doc) Patrick Thiebart Applying Corporate Codes of Conduct in France (thiebart.doc) The Basics: Covenants Not to Compete and Trade Secrets in France (abasf.doc) Employment Law Issues Confronting Companies and Employees Negotiating Employment Agreements in the International Arena (thiebart.doc) Implementation of the EU anti-discrimination directives in France (thiebart.doc) Restrictive Covenants in France (thiebert.doc) 35 hours in France - Part 2 Termination of Employment Contracts in France (thiebert.doc) Cindy-Ann L. Thomas HIPAA's Effect On The Issue of Data Privacy In Labor & Employment (thomas.wpd) Horace A. Thompson, III Occupational Safety and Health Law Tanja L. Thompson An Exercise in Discretion—A Newly Organized or Successor Employer's Duty to Bargain About Implementing Discipline Pursuant to Established Rules (thompson.doc) Joseph E. Tilson An Introduction to the FLSA: The New Wave of Employment Litigation (tilson.doc) Litigating Lawsuits Under the FLSA - The Fatest Growing Area of Employment Litigation (tilson.doc) Robert P. Tinnin, Jr. Issues Surrounding Dual Representation Before the NLRB and Other Labor and Employment Proceedings from the Perspective of a Management Lawyer (tinnin.doc) Paul Tobias The Microsoft Decision and Its Side Effects: What Are Employers' Obligations Regarding Benefits and Employees in the Contingent Workforce? Thomas S. Tollefsen Transition to the New Claims Regulations: The Final Rite of Passage (wagner.doc) Robert W. Tollen When Is a Multiemployer Bargaining Unit a "Multiemployer Bargaining Unit"? (The Labor Lawyer, Summer 2001, Vol. 17, No. 1) Charles E. Tompkins FLSA and State Wage/Hour Claims (tompkins.pdf) Joseph J. Torres Hiring Policies That Discriminate Against Applicants With High Wage Histories - When and How Are They "Inherently Destructive" of Section 7 Rights? Aztech Electric Co., 335 NLRB No. 25 (2001) (aztech.doc) How Will the NLRB Interpret BE&K Construction Co. v. NLRB? (torres.doc) Julia A. Totten Cybersmear: It's What the Internet is for, Right? (barber.pdf) The Misuse of Employer Technology by Employees to Commit Criminal Acts (totten.pdf) A. Kimberly Toure Report of the Subcommittee on the Family and Medical Leave Act Davis Wright Tremaine State Plan Developments for 2005-2006 (killeen.doc) Michael R. Triplett Emergence of a "Proximity Plus" Standard Since the U.S. Supreme Court's Decision in Clark County School Board v. Breeden (eeo2002mid5.doc) Essential Ingredients for Successfully Settling and Mediating Employment Discrimination Claims (eeo2002mid4.doc) Judges Counsel Attorneys to Settle Cases, Deal With Confidentiality, Privacy Concerns (eeo2002mid3.doc) Response to Harassment, Bias Abroad Requires Understanding of Culture and Laws (annual036.doc) John C. Truesdale Battling Case Backlogs at the NLRB: The Continuing Problem of Delays in Decision Making and the Clinton Board's Response John V. Tucker Chapter 14: Liability Issues Unique to Welfare Plans (tucker.doc) Merle Turchik Report of the Subcommittee on the Family and Medical Leave Act Daniel E. Turner Defensive Strategies for Preventing Certification of Wage and Hour Collective and Class Actions (turner.pdf) Leslie M. Turner Gone But Not Forgotten: Military Leave Issues Facing Private Sector Employers (turner.pdf) Ronald Turner Reactions of the Regulated: A Federal Labor Law Example (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) Monique A. Tuttle Harassment and Discrimination in the New, Wired Workplace (tuttle.doc) Implementation, Education & Enforcement: The Bases Good Faith Compliance Efforts (eeo52.pdf) An Overview of "Good Faith Efforts" under Kolstad's Progeny (tuttle.doc) Natalie Tynan Immigration Law Basics (tynan.pdf)
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Steven Ury SEIU’s Internet Campaigns: Organizing People, Organizing Ideas, Organizing the Labor Movement (ury.pdf) John Utz, Esq. Guidelines for Preparing Chapters for the 2006 Cumulative Supplement to the Employee Benefits Law Treatise (dean.doc) Welfare Plans: Technical & Statutory (1999)
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Alicia Moro Valentin-Gamazo Continuity of Employment in Transfer of Undertakings (moro.pdf) Ellen J. Vance Recent Arbitration Developments Since Circuit City (iskra.doc) Francis L. Van Dusen, Jr. Report of the Subcommittee on Legislative Developments: 2000 Survey of State Statutes Addressing Individual Liability for Wrongful Withholding of Wages, Including Commissions and Bonuses (err332.pdf) Survey of State Statutes Addressing Individual Liability for Wrongful Withholding of Wages, Including Commissions and Bonuses Summary (err333.pdf) Laurie Vasichek From the Plaintiff's Perspective: Discovery of Medical Information in ADA Litigation and in Other Employment Discrimination Cases (vasichek.wpd) Oscar de la Vega Employment Discrimination in Mexico (err172.pdf) Mauricio Velasquez Best Diversity Practices in Law Firms (25.pdf) Cathy Ventrell-Monsees Representative and Collective Actions Under the ADEA Class Actions in Employment Law: Class Action Basics Carl E. Ver Beek Withholding Information in the Grievance Proceedure: Is There No Penalty? - Not Always an Obvious One (withhold.doc) Would You Rather Be Considered a Criminal, Disciplined or Just Not Get Paid? (verbeek.doc) Robert M. Vercruysse Mandatory Arbitration of Statutory Claims Under Collectively Bargained Agreements (vercruysse.doc) Practice Checklist for Proving and Defending Against Damages Claims in Employment Discrimination Cases (eeo152.pdf) Diane K. Vescovo The Ten Commandments for Invoking, Preserving and Sustaining Claims of Privilege and Protection (donald02.doc) William J. Vesely, Jr. Retirement Plan Design, Qualification and Administration Subcommittee on Plan Design, Qualification and Administration (dougherty.doc) Kelly Vickers False Light and Misappropriation of Likeness (err275.pdf) Norton Rose Vieregge Employment and Labor Law in Germany: Questions and Answers (questions.doc) Employment Law Issues in Asset Deal Transactions (wisskirchen.doc) Daniel G. Vliet Annual Report of the Subcommittee on Development Under the Age Discrimination in Employment Act (vliet.doc) Federal Labor Standards Legislation Committee: 2001 Annual Report of the Subcommittee on Development Under the Age Discrimination in Employment Act (flsaannual.wpd) Recent Developments Under the WARN Act and EPPA Eugene Volokh A Practitioner's Guide to the First Amendment Defense in Hostile Environment Harassment Cases (volokh.doc) Marlin M. Volz Elkouri and Elkouri: How Arbitration Works Darlene A. Vorachek Annual Report of the Health, Disability and Leaves of Absence Subcommittee 2001 (adasub.doc) 1999 Annual Report of the Health, Disability and Leaves of Absence Issues Subcommittee Is Anything Sacred? The Ever Expanding World of Employee Privacy Issues Cross Examination: Conquering Your Fear and Doing Your Best (vorachek.wpd)
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Herman Wacker Labor and Employment Law Ethical Twister Felix C. Wade Everything You Want and Need to Know About Sarbanes-Oxley (wade.pdf) Vangela M. Wade Valuing Diversity: Raising the Bar (wade.pdf) Daniel Wadley 1998-1999 Treatise Supplement: The Fair Labor Standards Act Martha Jo Wagner Liability Issues Unique to Welfare Plans Report of the Subcommittee on Fiduciary Responsibility, 2004 (wagner.doc) Transition to the New Claims Regulations: The Final Rite of Passage (wagner.doc) What You Don't Know Will Hurt: COBRA Litigation Karen Wahle Chapter 12: Civil Practice and Procedure (stein.doc) Procedural Aspects of Litigating ERISA Claims Report of the Subcommittee on Civil Procedure William J. Wahoff A State-by-State Comparison of Penalties and Awards Resulting From Employer Conduct (wahoff.doc) Panel Discussion: Significant Recent Health and Safety Decisions (panel.doc) Jay W. Waks, Esq Employment Law—EEOC's Pilot Program (waks.pdf) Ethics in the Employment Mediation Setting—Some Open Issues (waks.doc) Samuel D. Walker 1999-2000 Treatise Supplement: The Fair Labor Standards Act (flsasup.doc) 1997-1998 Treatise Supplement: The Fair Labor Standards Act Trends in Workplace Litigation: The Rising Popularity of FLSA Class Actions Steven R. Wall Litigation Developments: Technology in Employment Discovery and Trial (swall.wpd) Privacy and Technology in the Employment Arena (wall.wpd) Allison Wallace The UK and EU Equality Directives (wallace.doc) Charles C. Warner Chapter on the Effect of Arbitration on Claims Before the EEOC and Other Entities for BNA Treatise on ADR in Employment Law (eeo211.pdf) David Warner More Than Just Lip Service: Developing and Enforcing Effective Sexual Harassment Policies Richard W. Warren "I Heard It Through the Grapevine": Evidentiary Challenges in Racially Hostile Work Environment Litigation (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Steven M. Warshawsky Gilmer, the Contractual Exhaustion Doctrine, and Federal Statutory Employment Discrimination Claims (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Gregory R. Watchman Repetitive Motion Injuries and the ADA: A Roadmap for Employers (annual032.doc) Sarbanes-Oxley Whistleblowers: A New Corporate Early Warning System (watchman.pdf) Jerome R. Watson "I Heard It Through the Grapevine": Evidentiary Challenges in Racially Hostile Work Environment Litigation (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) Christopher A. Weals 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) J. Roy Weathersby Annual Report of the Trial Publicity, Advertising and & Solicitation Subcommittee (caiaccio.doc) Multijurisdictional Practice Issues From Management Perspective (weathersby.doc) Omar Weaver Free Speech and Harassment Claims: Whose Right Is It Anyway? (err82.pdf) John R. Webb 1999 Annual Report of the Privacy and Collateral Torts Subcommittee 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Christine E. Webber Advanced Class Actions Basic Class Actions FLSA and State Wage/Hour Claims (tompkins.pdf) Title VII Class Actions after Allison v. Citgo Petroleum, Inc. Roger A. Weber Arbitration & Union Employees: When is Arbitration an Exclusive Remedy Bankruptcy Issues in Employment Litigation Lincoln Weed Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2005 (ashner.doc) Robert M. Weinberg Corrected Brief of Appellants Allied Pilots Association, Richard T. Lavoy, and Brian A. Mayhew Reply Brief of Appellants Allied Pilots Association, Richard T. Lavoy, and Brian A. Mayhew David Weingarten, Esq. Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-1999 Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2000 Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2001 (pbgc.wpd) Report of Subcommittee on Corporate Plan Terminations and Benefit Insurance-2005 (ashner.doc) S. Sheldon Weinhaus Liability Issues Unique to Welfare Plans C. Geoffrey Weirich Defending a Class Action Effective Investigation of Sexual Harassment—The Foundation of an Employer's Shield Against Liability (weirich.doc) Tracking the Path to Parity between Mental and Physical Health Benefits (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) The Year in Review—An Update of the Most Significant Discrimination Cases (weirich.doc) The Year in Review: The Most Significant Recent Employment Discrimination Decisions (4.pdf) Marley S. Weiss The Supreme Court 1997-1998 Labor and Employment Law Term (Part II): The NLRA, Takings Clause, and ADA Cases (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Allan H. Weitzman Merit Pay Proposals and Related Compensation Plans: Detroit Typographical Union v. NLRB and McClatchy Newspapers Revisited (weitz.doc) Merit Pay Proposals and Related Compensation Plans: Detroit Typographical Union v. NLRB and McClatchy Newspapers Revisited (The Labor Lawyer, Winter/Spring 2002, Vol. 17, No. 3) James S. Weliky Concurrent Representation of Multiple Clients in the Same Matter Contacting Employees of an Adverse Corporate Party: A Plaintiff's Attorney's View (The Labor Lawyer, Winter/Spring 2004, Vol. 19, No. 3) R. Ross Wells Canada’s Private Sector Privacy Protection Regimes (err273.pdf) Angela Wennihan Federal Courts Divided Over Whether Medication or Other Mitigating Measures Should be Considered in Determining Whether an Employee is "Disabled" Under the ADA (The Labor Lawyer, Winter/Spring 1999, Vol. 14, No. 3) Anna Wermuth 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) Daniel P. Westman The Significance of the Sarbanes-Oxley Whistleblower Provision (The Labor Lawyer, Fall 2005, Vol. 21, No. 2) Diane Wetherbee Who Is Your Client in the Public Sector? (wetherbee.doc) Steven Wheeless Is Gordon Gekko (Wall Street) Really Gone? Practical and Ethical Issues of Importance to Labor and Employment Attorneys Under Sarbanes-Oxley (wheeless.pdf) Gretchen White 2000 Annual Report of the Privacy and Collateral Torts Subcommittee of the Committee on Employee Rights and Responsibilities (Supplement Attached) Recent Developments in the Employment Torts of Negligent Hiring, Retention and Supervision (hiring.doc) Rebecca S. Whitehouse Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace Deborah Judith Wiener Chapter 14: Liability Issues Unique to Welfare Plans (tucker.doc) Liability Issues Unique to Welfare Plans Liability Issues Unique to Welfare Plans: 2001 Supplement (welfareplans.doc) Christopher Wilber 1997-1998 Treatise Supplement: The Fair Labor Standards Act Gwynne A. Wilcox Caught Online, Fishing for Answers: High Technology in the Workplace (wilcox.doc) Section 7/Cyberaccess - Rights and Union Access to Employees: Cyberorganizing Union Access to Employees and Related Information Pre- and Post-Petition: Cyber Organizing and Technology Service Solutions Section 7 Rights and Union Access to Employees: Cyber Organizing (The Labor Lawyer, Fall 2000, Vol. 16, No. 2) Technology Issues Confronting Unions and Employees in the Workplace (wilcox.doc) Sheryl J. Willert Negotiating Settlements of Employment Claims Alaine S. Williams Free Speech and Associational Rights of Public Employees: An Update (williams.doc) “Help Me Make It Through the Night” The Dirge of Brown University, 342 NLRB No. 42 (2004) (williams.pdf) Milt Williams Best Practices in Electronic Discovery (williams.pdf) Faye Wilson Implementing a Successful Corporate Diversity Plan (wilson.doc) Julie M. Wilson Practical Approaches to FLSA Overtime Claims in the Federal Sector (oduden.pdf) Stan Wilson Forensic Investigation (wilson.pdf) Jeffrey D. Winchester Building an Internal Defense against Class Action Lawsuits and Disparate Impact Claims (The Labor Lawyer, Winter/Spring 2001, Vol. 16, No. 3) Thomas M. Winn, III Report of the Subcommittee on the Family and Medical Leave Act Dr. Gerlind Wisskirchen Covenants Not to Compete: Germany (wisskirchen.pdf) Development of Anti-Discrimination and Anti-Sexual Harassment Law in Germany and in the EU (wisskirchen.doc) Employment and Labor Law in Germany: Questions and Answers (questions.doc) Employment Law Issues in Asset Deal Transactions (wisskirchen.doc) European Employment Law and Data Privacy Protection (err272.pdf) Retention and Disclosure of Data in the EU: Germany (jordan.pdf) Union Information and Recruitment via the Internet in Germany (koerber.pdf) Carolyn Witherspoon Developing Confidentiality Issues Affecting Attorney's Ethical Obligation in Our Increasingly Hi-Tech Landscape (16.pdf) How to Handle Abusive Discovery Tactics in Employment Discrimination Cases (witherspoon.pdf) Trial Publicity Issues for Labor & Employment Law Attorneys (witherspoon.doc) Charles B. Wolf Form LM-10 Employer Reports (24.pdf) Multiemployer Plan Withdrawal Liability, 1999 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2000 Mid-Winter Report Multiemployer Plan Withdrawal Liability, 2001 Mid-Winter Report (multi.wpd) Report of the Subcommittee on Collective Bargaining and Employee Benefits: 2004 (wolf.doc) Report of the Subcommittee on Collective Bargaining and Employee Benefits: 2005 (wolf.doc) Michael S. Wolly Closing the Door on RLA-Based Claims for Damages Arising Out of Strikes Over Minor Disputes (wolly.doc) Rights of Interested Third Parties in Section 3 Arbitration of Minor Disputes (wolly.doc) Aliya Wong Finding the Right Balance—Defined Benefit Pension Reform (38.pdf) Liane Wong The Practical Side of RIFs (wong.doc) Brian Wood Report of the Subcommittee on Civil Procedure Kelly Collins Woodford Tangible Employment Action: What Did the Supreme Court Really Mean in Faragher and Ellerth? (The Labor Lawyer, Summer 2003, Vol. 19, No. 1) T. Jeff Wray A Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond (wray.doc) Medical Privacy in the Workplace: 1999 Update Report of the Subcommittee On Drug and Alcohol Abuse in the Workplace: 2000 Jenny C. Wu Equal Employment Law Update—Since We Last Met: Major Developments Under Title VII Miriam H. Wugmeister Employment Issues for Technology Companies (wugmeister.doc) Wendy E. Wunsch The "Seinfeld" Case Tempts Litigation, but Employers Remain "Masters of Their Domain" (The Labor Lawyer, Fall 1999, Vol. 15, No. 2) John F. Wymer, III The Advantages and Pitfalls of Self-Audits The Class Action Settlement Mitzi D. Wyrick The Future of Judicial Enforcement of Agreements to Arbitrate Statutory Employment Claims
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Carl S. Yaller Selected Ethical Issues Impacting Union Attorneys in the Employment Discrimination Context Brad Yamauchi 1999 Annual Report of the Legislative Developments Subcommittee Report of the Subcommittee on Legislative Developments: 2000 Joseph H. Yastrow EPLI Policy Risk Prevention Features EPLI Survey 2001/2002 (eplisurvey.doc) Introduction to EPLI Subcommittee Program (err281.pdf) Terry Yellig Application of the Davis-Bacon Act in the 21st Century: A Union Lawyer's Perspective (yellig.pdf) 2002 Government Contracts Subcommittee Report (yellig.doc) 2005 Government Contracts Subcommittee Report (yellig.pdf) 2006 Government Contracts Subcommittee Report (yellig.pdf) Kenneth J. Yerkes <