Labor & Employment Law Update, April 2009
IN THIS ISSUE:
Supreme Court Upholds Collective Bargaining Agreement Provision Requiring Employees to Arbitrate Claims of Age Discrimination
By Julia H. Halbach
Ability of Federal Courts to Compel Arbitration May Be Found in Underlying Claims
On March 9, 2009, the United States Supreme Court issued its decision in Vaden v. Discover Bank, holding that a federal court can “look though” a petition to compel arbitration brought pursuant to section 4 of the Federal Arbitration Act (“FAA”) to determine whether the underlying controversy “arises under” federal law. If the underlying claims arise under federal laws, the court may issue an order compelling arbitration of the dispute. Continue
A Final Look at the United States Supreme Court’s 2008 Term
This past October, the United States Supreme Court began its 2008 term. In two previous alerts, we provided a brief look at some of the interesting cases the Supreme Court agreed to hear. Since the Supreme Court continues to accept new cases throughout the term, this alert provides a look at some of the final cases that have been added to the Court’s docket. Continue
Overly Broad Confidentiality Provisions May Violate the Law
President Obama Signs Four Pro-Labor Executive Orders Impacting Federal Contractors
President Obama signed four Executive Orders that may have a significant impact on the rights of employees of federal contractors, reversing many of the Bush administration policies. Continue
Minnesota’s Alternative to Layoffs
Obtaining Motor Vehicle Information Under the Driver’s Privacy Protection Act
Revised I-9 Form for Employee Eligibility Verification
Business Litigation Anti-Trust: U.S. Supreme Court Rejects Price Squeeze Claim in Pacific Bell v. linkLINE.
On February 25, 2009, the U.S. Supreme Court issued its decision in Pacific Bell Telephone Co. v. linkLINE Communications, Inc, No. 07-512. The Court unanimously rejected plaintiffs’ allegation that Pac. Bell Telephone Co., (“Pacific Bell”) violated § 2 of the Sherman Act, by engaging in a “price squeeze” in the DSL market in California.
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