Labor / Employment

The Employment Non-Discrimination Act (“ENDA”) is proposed legislation that would prohibit most employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. The Senate passed the bill in November, but the proposal is currently languishing in the House.

President Obama supports ENDA. Recently, though, LGBT activists have criticized him for not pushing the proposed legislation harder and for not creating an executive order that would create ENDA-like protections for employees of federal contractors.

Republican lawmakers, though, are the ones who will ultimately rue not enacting ENDA while they have the chance. Here’s why….

double red triangle arrows Continue reading “The ENDA Title VII As We Know It: Why House Republicans Should Pass The Employment Non-Discrimination Act”

* The NCAA’s president thinks Northwestern’s sports union will be the first case of its kind to be heard by the Supreme Court, and his brain hasn’t even been scrambled by concussions. [Bloomberg]

* “If I’d come up with it, I’d probably be proud of it.” If this Georgia lawyer had used the “my client is too handsome for rape” defense, perhaps there wouldn’t have been a conviction. [Daily Report (reg. req.)]

* A few weeks ago, we wrote about the best law schools for making money. Since then, the rankings were revised due to error. Where does your school stand now? We’ll chat about this today. [Forbes]

* “[L]awyers aren’t retiring or dying nearly fast enough for us to fill their spots.” Perhaps statements like this about the job market wouldn’t be so prevalent if U.S. News told pre-law applicants the truth. [NPR]

* Law students will call you out for your behavior, even if you’re a police officer This one is suing the NYPD for false arrest after questioning their food truck tactics. We’ll have more on this later. [New York Post]

Juan Monteverde and Alexandra Marchuk

Last week, we wrote about lawyers leaving Faruqi & Faruqi, the litigation boutique that’s locked in an ugly legal battle with a former associate, Alexandra Marchuk. Marchuk’s lawsuit accuses F&F partner Juan Monteverde of severe sexual harassment and alleges that the firm’s leaders turned a blind eye to his misconduct.

We asked our readers for more information about the recent Faruqi departures. Well, ask and you shall receive. We have the details on the lawyers who left — as well as info about how Faruqi is looking for laterals, and how much it pays them (hint: not enough)….

double red triangle arrows Continue reading “Faruqi & Faruqi: On The Prowl For Partners?”

Kevin Trudeau

* “How many years would you put a TV pitchman in jail? 3 years? 5 years? Don’t answer yet…” [Sentencing Law and Policy]

* So there’s a sex tape of Chris Christie. Except it isn’t him. They should have known Christie could never be a porn star. You can’t get far in the porn biz by saying, “This lane is closed.” [Gawker]

* Dolt Duped By Date Sues OKCupid. [NY Post]

* Patents are a terrible measure of innovation. Hold on, I defy you to besmirch the Anti-Drowning Hat. [Concurring Opinions]

* Wage theft in fast food shouldn’t come as a surprise, but the role played by the franchise model in creating labor law violations is intriguing. [Lawyers, Guns & Money]

* A gathering of business development tips, including shout outs to Anonymous Partner and Mark Herrmann. [Corporette]

* What better qualification to challenge for the Vegas DA’s job than to be prosecuted by that office days before the election? [Las Vegas Law Blog]

* A Baltimore lawyer aggressively used the habeas process to release mentally ill girls to serve as personal slaves to the wealthy. [Slate]

* Weil’s Business Finance & Restructuring team is putting together a March Madness bracket based on quotes from bankruptcy decisions. Let the excitement wash over you. Having not seen the bracket yet, I’m reserving judgment on what an awesome array of bankruptcy quotes would look like. [Bankruptcy Blog]

* Kevin O’Keefe, who presented on my panel at our Attorney@Blog conference, left all of us touched with his tribute to Above the Law. [Real Lawyers Have Blogs]

Juan Monteverde and Alexandra Marchuk

Alexandra Marchuk’s headline-grabbing lawsuit against her former firm, Faruqi & Faruqi, has generated a lot of headaches for the firm. It has given rise to some bad PR. It has created client concerns. It has distracted the firm from its mission of shaking down corporate America vindicating shareholder rights.

And is it now causing the high-profile boutique to lose lawyerly talent? Here’s what we’re hearing….

double red triangle arrows Continue reading “Alexandra Marchuk v. Faruqi & Faruqi: Are Lawyers Leaving The Faruqi Firm?”

It’s a tough month for Mike Bloomberg. First his vaunted stop-and-frisk program is gutted and, despite his protestations that it was necessary, serious crime has dropped. And now a key component of his old company that he worked so hard to keep inhospitable to organized labor may be unionizing.

At least he has a few billion dollars to keep him from getting too sad.

But in the meantime, the process of setting up a union continues at Bloomberg Law. Can lawyers really unionize? What might this mean for the profession as a whole?

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It’s got to be annoying for judges when lawmakers write laws that are designed to be so freaking vague that courts will be forced to fix them once the inevitable lawsuits come around.

Florida lawmakers are trying to make your Facebook account safe from your boss who wants to get his or her Orwellian hands all up in your personal business. The legislation prohibits employers from demanding your social media passwords as a condition of employment.

BUT… the business lobby has been able to force an amendment that still allows employers to demand your passwords if your account is used for a “business purpose.” What’s a “business purpose”? Nobody knows. It’s probably going to be whatever your boss says a “business purpose” is. Then, they’ll fire you, you’ll sue, and a judge will have to figure it all out, because the legislature couldn’t get its act together….

double red triangle arrows Continue reading “Wait Until The Courts Get Hold Of This Vague, Stupid Facebook Law”

“Lane Dean, Jr., with his green rubber pinkie finger, sat at his Tingle table in his chalk’s row in the rotes group’s wiggle room and did two more returns, then another one, then flexed his buttocks and held to a count of ten and imagined a warm pretty beach with mellow surf, as instructed in orientation the previous month.”– David Foster Wallace

“The thing that makes ‘Dirty Jobs’ different is that it’s one of the few shows that portrays work in a way that doesn’t highlight the drudgery. Instead, it highlights the humor.”– Mike Rowe

Yesterday was like any other. I stared at my computer screen and tried to appear as if I were doing work. I went to the bathroom three times even though there was no there there. At one point, I was asked to wear a name tag. If there is any humor at all in what I do, it is of a type so dark and weird, it could only be appreciated in Germany. I graduated from a pretty good, very expensive law school and I was asked to wear a name tag yesterday. Yesterday was like any other.

I don’t know why the hell I whine like this. Like Cherry Valance said, it’s rough all over. And besides, everyone else is trying to get through their day, name tag or no. There was an old lady with five plastic bags next to her on the train yesterday morning. Each bag was filled with more plastic bags. And on and on. You want to know sadness, check out this old lady’s Matryoshka bags that keep her company throughout the day.

But you want to know who really has it bad? Minor league baseball players and Bengals cheerleaders.

Let’s talk employment lawsuits…

double red triangle arrows Continue reading “The Labor Law Origins Of The Infield Fly Rule”

So… stop me if you’ve heard this one before. Man sues staffing agency and Biglaw firm for overtime — because document review isn’t really legal work. Man then applies to the EXACT SAME STAFFING AGENCY for more document review work — touting all his legal experience reviewing documents.

Staffing agency then requests sanctions.

Maybe it isn’t the classic tale of boy meets girl, but it is pretty entertaining. Though it’s not as convoluted as it may sound. Find out all the details, and which Biglaw firm was dragged into this suit after the jump…

double red triangle arrows Continue reading “Contract Attorney Sues Staffing Agency For Overtime; What Happens Next Will Make You Chuckle”

Three years ago, the eminent civil rights historian Taylor Branch wrote a scathing essay in The Atlantic that compared college athletics to slavery. In that piece, he wrote that college sports carried with it “the unmistakeable whiff of the plantation.” Comparisons to slavery cannot be brought lightly, of course. This is not Kristallnacht after all.

Three years later, the plantation house still stands. As if we are taking a remedial class taught by Howard Zinn, we now arrive at organized labor. This week, it was reported that members of Northwestern University’s football team had filed a petition with the National Labor Relations Board in order to be recognized as a labor union. If successful, communism.

Whether you believe that college football players should be granted fifteen minute smoke breaks every four hours or not, I think it’s safe to say that we all fervently pray for the day that the NCAA perishes after a long, yet valiant, struggle with butt cancer. Because of that, there were very few outright denunciations of Northwestern University’s actions in the media this week. Still, let’s get a lay of the land, shall we?

Let’s talk Samuel Gompers. Let’s talk Hoffa. Let’s talk sports….

double red triangle arrows Continue reading “NCAAFL-CIOCraziness”

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