Law and the Workplace
Ian Plummer

Ian Plummer

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NLRB Prevents Northwestern Football Players from Unionizing; Refuses to Play the Game as to Whether College Athletes are Considered Employees

On August 17, 2015, nearly seventeen months after a National Labor Relations Board (“NLRB”) Regional Director ruled that Northwestern grant-in-aid scholarship football players were considered employees under the National Labor Relations Act (“NLRA”), the NLRB unanimously changed course and declined to exert jurisdiction over the athletes’ petition, thereby reversing the lower decision. In Northwestern University, … Continue Reading

NJ Supreme Court Hears Argument on Whether Disgorgement of Employee’s Salary Requires Economic Damages

In Kaye v. Rosefielde, a case alleging fraud and malpractice against a former general counsel, the New Jersey Supreme Court recently heard oral arguments on whether the Appellate Division erred in affirming that economic damages are a necessary prerequisite for disgorgement of the general counsel’s salary.  The appellants have argued to the contrary that disgorgement … Continue Reading

NJ Supreme Court Considers Remittitur of Emotional Distress Award in Race Discrimination Case

The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law Against Discrimination.  The defendants had argued before the trial court and the appellate division that the award “shocks the … Continue Reading

Social Media Watch: Illinois Federal Court Lowers Bar for SCA Claims

Social media privacy cases continue to grow under the Stored Communications Act (“SCA”) (see our prior alert on the Ehling decision).  The SCA provides a private right of action for unauthorized, intentional access of another’s communications held in electronic storage, allowing the plaintiff to recover actual damages, plus any profits made by the violator, in … Continue Reading
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