WASHINGTON, D.C. - (Mealey's) The U.S. Congress, through
the Civil Service Reform Act (CSRA), did not revoke the district courts'
jurisdiction over lawsuits brought by federal employees seeking to declare acts
of Congress unconstitutional, the attorney representing four former federal
The First Amendment to the U.S. Constitution states in
part: "Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof . . . ." The first of these two
quoted clauses is known as the Establishment Clause. The second of these
WASHINGTON, D.C. - The Civil Service Reform Act (CSRA)
precludes district court jurisdiction over claims by federal employees seeking
to declare acts of Congress unconstitutional, a split U.S. Supreme Court ruled
this morning ( Michael B. Elgin, et al. v. Department of the Treasury, et al. ,
Under the Fair Labor Standards Act , a company must pay overtime to non-exempt employees who work over 40 hours in a particular workweek. Non-exempt, huh? That implies that the FLSA also contains various exemptions from overtime pay for employees who meet those requirements. Indeed it does. One of those...
WASHINGTON, D.C. - (Mealey's) The "supervisor" liability
rule established in Faragher v. City of Boca Raton (524 U.S. 775 )
and Burlington Indus., Inc. v. Ellerth (524 U.S. 742 ) should
apply to harassment by supervisors even if they have no power to "hire, fire,
WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an
amount representing alleged unpaid wages plus attorney fees, costs and
expenses under Federal Rule of Civil Procedure 68 to an employee who brought a
collective action under the Fair Labor Standards Act (FLSA) moots the
Let's say an employee sues you, claiming that you
withheld certain wages owed under the Fair Labor Standards Act. In addition to
defending the lawsuit, you make her what is called an "offer of judgment" to
make her whole for all wages she claims she is owed (including any liquidated...
I will wait to draft the detailed post once the Supreme
Court has actually ruled, but for those who are following SCOTUS oral
arguments, one of the big employment cases of this term was heard on Nov. 25.
Here is what you need to know about Vance v. Ball State :
The issue is whether the "supervisor"...
In just over half the States in America, if a majority of
your co-workers elect to have a union represent them at work, then you must
become a member of the union too -- whether you like it or not. Nonmembers who
object to that requirement must still may union dues. However, in nearly half
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 6
denied an application for a stay filed by a Connecticut
nursing home company in a suit over a union strike in light of questions over
the legitimacy of 2012 appointments to the National Labor Relations Board ( HealthBridge
With a title like that, this post could only arouse the
interest of an employment lawyer.
But, all of y'all should pay attention.
Under the Fair Labor Standards Act , the period of time during which a
covered employee must be paid begins when the worker engages in a
principal activity. Putting...
WASHINGTON, D.C. - The U.S. Supreme Court this morning
agreed to hear the appeal of a Seventh Circuit U.S. Court of Appeals ruling
that state and local government employees may bring age discrimination claims
directly under the Equal Protection Clause of the 14th Amendment to the U.S.
The Supreme Court granted the
petition for certiorari but limited the Court's review to the donning/doffing
issue in Sandifer v. United States Steel Corp. This Emerging Issue Analysis
explains the Seventh Circuit decision and comments on the Court's decision to
On April 16, the Supreme Court issued its opinion in Genesis Healthcare Corp. v. Symczyk . You may
recall my previous coverage of this case as the "FLSA Pick-Off
In short, an employee filed a FLSA wage and hour claim
intended to be a collective action. The defendant made a Rule...
WASHINGTON, D.C. - (Mealey's) A Title VII of
the Civil Rights Act of 1964 retaliation claim must prove but-for causation,
the attorney representing the University of Texas Southwestern Medical Center
(UTSW) argued before the U.S. Supreme Court April 24. ( University of Texas
The United States
Court of Appeals for the Third Circuit today in a 2-1 decision invalidated a number of orders of
the National Labor Relations Board in NLRB
v. New Vista Nursing And Rehabilitation [ an enhanced version of this opinion is available to lexis.com
subscribers ] , holding that the Recess...
by Sara E. Hauptfuehrer
Employer-sponsored group heath plans typically allow
reimbursement to the plan for benefits paid in connection with injuries
sustained as a result the tortious conduct of a third party. That right
of reimbursement arises when the injured plan participant obtains a recovery...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 24 agreed to decide whether President Obama's "recess"
appointments of three members to the National Labor Relations Board in 2012
should be upheld ( National Labor Relations Board v. Noel Canning, a Division
of the Noel...
WASHINGTON, D.C. - (Mealey's) Retaliation claims filed
under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a
split U.S. Supreme Court ruled June 24, rejecting the lessened causation test
outlined in 42 U.S. Code Section 2000e-2(m) [ an annotated version of this statute...
Today the United States Supreme Court issued its
opinion in American
Express Co. v. Italian Colors Restaurant [ an enhanced version of this opinion is available to lexis.com
subscribers ], holding that courts may not
invalidate a contractual waiver of class arbitration simply because the
In its prologue to yesterday's Supreme Court opinion in Vance v. Ball. St. Univ. [pdf] [ an enhanced version of this opinion is available to lexis.com
subscribers ], Justice Alito, writing for the five-member majority,
frames the importance of the issue facing the Court:
Under Title VII, an...
In Vance v. Ball State University [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court, in a 5-4 decision, resolved an issue that has split the federal appellate courts in harassment cases: who is a "supervisor" under Title VII of the...
WASHINGTON, D.C. — (Mealey’s) The U.S. Congress never intended, when it extended age bias administrative and judicial procedures and remedies to government employees, to permit state and municipal workers to “frustrate this regime or bypass it entirely using the more general remedies...
WASHINGTON, D.C. — The U.S. Supreme Court this morning in a per curiam , one-sentence decision dismissed the appeal of a government worker’s age discrimination case “as improvidently granted” ( Lisa Madigan, et al. v. Harvey Levin , No. 12-872, U.S. Sup.; See October 2013, Page...
WASHINGTON, D.C. — (Mealey’s) Less than a month after hearing oral arguments, a split U.S. Supreme Court this morning dismissed the appeal of a suit over an agreement between an employer and union regarding access to the premises, employee information, monetary support for a ballot initiative...