Monday, June 21, 2010

The "Fluctuating Workweek" Method of Calculating Overtime Under the FLSA

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This week we'll be posting a multi-part series on the "fluctuating workweek" method of calculating overtime under the Fair L...
Friday, June 18, 2010

New York's Regional NLRB Rejects NYU Grad Students' Attempt at Unionization

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We recently posted on New York University's graduate students' attempt to unionize. On June 8th, the New York Regional Office of...
Thursday, June 17, 2010

Meaning of "Clothes" Under FLSA Section 203(o)

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On June 16, 2010, yesterday, the Department of Labor’s Wage and Hour Division issued Administrator’s Interpretation No. 2010-2 .  This in...
Wednesday, June 16, 2010

Indemnification Claims in Civil Rights Cases Preempted; Contribution Claims Left For a Later Day

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Not Your Average Whistleblower Statute Twenty-nine years ago in Northwest Airlines, Inc. v. Transport Workers , 451 U.S. 77 (1981), Justi...
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Tuesday, June 15, 2010

Courts Reject Plaintiffs’ Efforts to Characterize Alleged Misconduct as Protected Activity

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Niswander v. Cincinnati Ins. Co. , 529 F.3d 714, 717 (6th Cir. 2008) (employee who worked at home on her home computer and had access to co...
Monday, June 14, 2010

Contingent Attorneys’ Fees Recognized as an Important Mechanism to Incentivize the Bar to Represent Clients Who Otherwise Would Not Have Representation

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Today, a unanimous Supreme Court handed down its long-awaited decision in Astrue v. Ratliff , 2010 U.S. LEXIS 4763 (June 14, 2010), avail...
Friday, June 11, 2010

The Subtext of Iqbal and How Bench and Bar Ought to Respond

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           Within moments after the Court issued its decision last July in Iqbal , the hue and cry began with the so-called public interest ...
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Thursday, June 10, 2010

Computer Fraud and Abuse Act: Current Developments

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I.                    Introduction Originally designed as a criminal statute aimed at deterring and punishing hackers, particularly those ...
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