Archives for April 2012

Employee Notice Rights Posting Requirement On Hold

Posted April 19, 2012

UPDATE:   Since my April 5, 2012 Legal Update, there has been yet another significant development that has put the NLRB posting requirement on hold.  The following announcement was posted on the NLRB’s website:

Important note: In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights under the National Labor Relations Act, which had been scheduled to take effect on April 30, 2012. In March, the D.C. District Court found that the agency had the authority to issue the rule. In April, the South Carolina District Court found that the agency did not. The agency will appeal the South Carolina decision.

Regional offices will not implement the rule pending the resolution of the issues before the court.

Of course, I will keep you advised of the outcome of this legal ping pong match.

Summary Judgment Awarded in Breach of Employment Contract Action

Posted April 1, 2012

(Tilton v. GDG Partners, LLC, CV 2010-025376, Maricopa County Superior Court)

Stacy and Andrew represented Daniel Tilton, a former execuitve of GDG Partners, in a breach of employment contract action arising from GDG's failure to pay Tilton earned bonus compensation.  On September 19, 2011, the court granted summary judgment in favor of Tilton on his breach of contract claim, and awarded him attorney fees. 

Summary Judgment in Reverse Discrimination and Retaliation Case

Posted April 1, 2012

(Misturini v. State of Arizona, CV 10-2327-PHX-HWG, Arizona District Court)

Stacy successfully defended the State in a reverse discrimination and retaliation lawsuit in Arizona district court.  On March 20, 2012, the State's motion for summary judgment was granted and all claims were dismissed.  The State was awarded and collected its taxable costs and recovered a significant portion of its attorneys fees.