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Trump exceeded authority under INA in issuing second travel ban; injunction stands

June 14th, 2017

By Lorene D. Park, J.D.
Largely affirming a nationwide preliminary injunction against Sections 2 and 6 of President Trump’s executive order commonly referred to as a “travel ban,” the Ninth Circuit concluded that the plaintiffs were likely to succeed on their claim that the president exceeded the scope of the authority delegated to him under the [Read more...]


U.S.: Appellate courts can’t review denial of class certification after named plaintiffs voluntarily dismiss their claims

June 14th, 2017

By Ronald Miller, J.D.
In a class action lawsuit unrelated to employment, a unanimous U.S. Supreme Court ruled that courts of appeal lack jurisdiction under 28 U.S.C. §1291 to review an order denying class certification (or an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice. A voluntary dismissal [Read more...]


NLRB’s heightened remedial requirements to cover work-related expenses enforced

June 13th, 2017

By Ronald Miller, J.D.

The NLRB’s modification of its make-whole remedy to require employers to fully compensate discriminatees for search-for-work expenses and work-related expenses incurred in connection with interim employment was enforced by the D.C. Circuit. The appeals court found that the Board’s change to its make-whole remedial framework was lawful, reasonable, and fully justified. However, [Read more...]


Former Silicon Valley CEO allegedly defrauded employees of tech start-up

June 13th, 2017

The founder and chief executive officer of a now-defunct Silicon Valley technology start-up company was charged in an indictment unsealed June 7 in Orange County, California, with allegedly defrauding several of his company’s former employees by luring them to join his company based on false and misleading statements about his educational, professional, and financial background, [Read more...]


DOL moves to officially rescind ‘persuader rule’

June 13th, 2017

In a brief notice scheduled to be published in the Federal Register June 12, the Office of Labor-Management Standards in the Labor Department has announced that it is proposing to rescind the regulations established in what is known as the persuader rule, “Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and [Read more...]