Month: February 2018

FINRA Acts to Protect Senior Investors

As the U.S. population ages, senior investors increasingly have become more vulnerable to securities fraud.  Too often, caregivers ingratiate themselves with vulnerable seniors, only to secure powers of attorney and then use their new powers to drain the senior’s investment account. The so-called trusted caregiver then vanishes never to be seen or heard from again.  The victim soon learns they…

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Your Rights as a “Key Employee” Under the FMLA: What You Need to Know

Under the Family Medical Leave Act (“FMLA”), eligible employees are entitled to take up to 12 weeks of protected leave every year to attend to certain medical and family matters and up to 26 weeks to care for a family member injured during military service. Although the FMLA undoubtedly has made it easier for many employees to balance job requirements and family…

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Employee Class Actions: Will the Supreme Court Cut Out the “[H]eart of the New Deal”?

Any day now, the Supreme Court will issue its decision in Epic Systems Corp. v. Lewis,[1] a case that will determine whether employers can force employees to resolve legal claims through individual arbitration, without recourse to class or collective proceedings. Section 7 of the National Labor Relations Act would seem to prohibit such arbitration clauses. Specifically, Section 7 grants employees the right…

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Love (or “LUV”) in the Air… Some History on Discrimination in the Airline Industry

In a belated celebration of Valentine’s Day, I want to tell a love story. But don’t worry, this won’t get mawkish. This is a story of modern love, of commercial love, of a four-letter (sometimes, three-letter) slogan (“love” or “LUV”) perverted to discriminatory ends. (This also an aviation tale, and if you haven’t read my colleague Russell Kornblith’s recent post…

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42 U.S.C. § 1981: A Recipe for Race Relations and Reconciliation in the Wake of Charlottesville?

Congress initially enacted the protections of 42 U.S.C. § 1981 as part of the Civil Rights Act of 1866, in the immediate aftermath of the Civil War. The act was passed between the ratification of the Thirteenth and Fourteenth Amendments to the U.S. Constitution. In the relevant part, the current act provides: (a) Statement of equal rights All persons within…

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Strong Whistleblower Protections for CA State Employees Encourage Reporting of Government Waste, Incompetency, and Inefficiency

If you are one of the nearly quarter-million people employed by the State of California, you should feel safe reporting any improper or illegal activity that you see around you. These protections are found in a law called the California Whistleblower Protection Act (CWPA), and they apply to anyone working for the state government or the California State University system, as well…

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