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ABA Public Utility, Communications And Transport Labor Committee Spring 2011 Report

By the American Bar Association Section of Public Utility Excerpt: I. EMPLOYMENT LAW DEVELOPMENTS A. Title VII 1. Third Circuit Holds that Lilly Ledbetter Fair Pay Act Does Not Apply to Title VII Failure-to-Promote Claims In Noel v. The Boeing Company [ enhanced version available to lexis.com subscribers...

Supreme Court: No First Amendment Protection For Government Employee's 'Petition'

WASHINGTON, D.C. - (Mealey's) A government employer's actions alleged to be retaliatory are not limited by the First Amendment's petition clause unless the employee's petition is related to a matter of public concern, the U.S. Supreme Court ruled June 20, vacating a ruling by the Third...

High Court Considers Whether Offer Of Judgment Moots Collective Action

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 collective...

U.S. High Court: Prison Officers Not Immune From Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...