Roseman has written an issue brief for the American Constitution Society entitled, Just Cause in Montana: Did the Big Sky Fall? In his issue brief, Barry analyzes the common law doctrine of employment at will -- under which many employees may be fired for a good reason, a bad reason, or no reason at all -- and urges consideration of an alternative approach, under which an employee may be discharged only for "just cause." Noting that one of the arguments against the just cause approach is that it allegedly leads to higher unemployment and lower job growth rates, Barry has examined data in the one state in the U.S. that has adopted the just cause standard, Montana, and reports that in Montana, the data do not support this argument. His findings are especially timely, he argues, because a measure that would amend the Colorado constitution to adopt the just cause standard will appear on the ballot in that state this fall. He concludes, "It is time -- many believe, long past time -- for the federal government and the states to enact laws to require just cause for termination of employment."
The U.S. Department of Labor’s Administrative Review Board (ARB), sitting en banc, issued a 3-2 decision in favor of Complainant Robert Powers on March 20, 2015 in the case of Powers v. Union Pacific Railroad Company, ARB Case No. 13-034, ALJ Case No. 2010-FRS-030, holding that a lower burden of proof applied to employee claims brought under corporate whistleblower statutes
NELA & AARP File Amicus Brief In Rochow v. Life Insurance Co. of North America To Uphold Multi-Million Dollar Judgment In ERISA Case
Dear NELA Members: The Civil Jury Project at the New York University School of Law currently is studying the causes and consequences of the pronounced decline in civil jury trials in both state and federal courts
Before the U.S. Court of Appeals for the Tenth Circuit in Lockheed Martin, Corp. v. Department of Labor & Andrea Brown (Case No. 11-9542), NELA filed an amicus brief on September 7, 2011, focused on two issues of law: 1) whether mail fraud, wire fraud, bank fraud, securities fraud, or violations of any Securities & Exchange Commission (SEC) rules are limited to fraud against shareholders, and 2) whether a whistleblower must recite the relevant statute and prove up all of its elements in order to enjoy certain legal protections. Our brief proposes that the answer to both questions is no. Author: Michael T
NELAAmicus_Lockheed v DOL & Brown_09 07 11.pdf
Police brutality and misconduct can be a problem in the U.S. and black males are often the victims. The images of unarmed people of color being mistreated by police officers have become inescapable in the past year.
Summary of NELA’s Amicus Brief: The Supreme Court has repeatedly recognized that to effectively enforce Title VII’s substantive protections, Title VII’s antiretaliation provision must be broadly interpreted to ensure unfettered access to statutory remedial mechanisms
12-484 bsac National Employment Lawyers Association et al.pdf
At the January 2013 meeting of the Standing Committee on Rules of Practice and Procedure, which oversees the Advisory Committee, the chair of the Advisory Committee promised to finalize these rule changes by this April
On May 2, 2014, NELA joined AARP in submitting an amicus curiae brief in Rochow v. Life Insurance Co. of North America , No. 12-2074, pending before the U.S. Court of Appeals for the Sixth Circuit, sitting en banc , in support of plaintiff the Estate of Daniel Rochow. John J. Cooper of the Cooper Law Firm in Troy, Michigan, and Erik W
Rochow Amicus Brief - AARP and NELA1.pdf
On October 1, The Lawyers’ Committee For Civil Rights Under Law filed an amicus brief in the United States Supreme Court in the case of DHS v. Regents of the University of California
LCCRUL ADL LCCHR DACA Amicus Brief FINAL.pdf
Foreman, Director of the Civil Rights Appellate Clinic at Penn State's Dickinson School of Law, and Jocelyn D. Larkin and Robert L. Schug of the Impact Fund
On December 17, 2014, NELA joined the National Whistleblowers Legal Defense and Education Fund, Truckers Justice Center and Teamsters for a Democratic Union to file an amicus brief in support of Complainant Robert Powers in the case of Powers v. Union Pacific RR Co., Case No. 13-034, pending before the Administrative Review Board (ARB) of the U.S. Department of Labor. The ARB is reviewing this appeal en banc and invited submission of amicus briefs from interested entities