Labor Days

News and analysis from Kelley Drye’s labor and employment practice

No Such Thing as “No Harm, No Foul”?

Everybody knows that an activist National Labor Relations Board (NLRB) expects a lot of all employers nowadays, union and non-union. One of the areas under the greatest NLRB scrutiny are time-honored, well-worn…

Email Once Again Shows its “Ugly” Side

Ferguson, Missouri remains in the news, with the arrest on Sunday of a suspect in the shooting of two police officers. The shooting came on the heels of a report released by the Department of Justice (“DOJ”) that…

Why the “Epidemic” of FMLA Lawsuits?

The Administrative Office of the US Courts just reported a 26.3% jump in Family Medical Leave Act (“FMLA”) lawsuits in 2014. These numbers are a bit startling. In 2012, there were 291 FMLA lawsuits. In 2013, there were…

The Day of the Woman – Maybe Not at Kleiner Perkins

On Monday, March 9, one day after we all celebrated International Women’s Day, Ellen Pao, a Harvard-trained lawyer, took the stand in her sexual harassment trial against venture capital firm Kleiner Perkins in…

Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process

In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…