Monday, March 31st, 2008

9th Cir: Women on Construction Sites

Friday’s opinion by Judge Stephen Reinhardt in Davis v. Team Electric Co. addresses many of the problems confronted by women trying to enter, and to stay in the workforce on construction sites.  As you might guess from the identity of the opinion’s author, the results are almost uniformly favorable to the female plaintiff.
Christie Davis worked […]

Monday, March 31st, 2008

DAlaska: FMLA, Section 1983, and the Alaska Whistleblower Act

Judge Timothy Burgess has issued a major (44-page) opinion resolving multiple FMLA issues, including several left open by the 9th Circuit.  He also addressed claims under the 1866 Civil Rights Act and the state Whistleblower Act.  Burgess granted summary judgment in part for the employee and in part for the employer, Ilisagvik College in Barrow.
Plaintiff Bobbi Wade […]

Monday, March 31st, 2008

Alternatives to Arbitration - Interesting Ideas

Jon Hyman at Ohio Employer’s Law Blog suggests that employers consider two ideas less drastic than mandatory arbitration - and less likely to trigger never-ending litigation: contractual waivers of jury trials, and of limitations periods.   If successful, the parties would end up with a court trial, brought in a shortened time frame.