WASHINGTON, D.C. — (Mealey's) The 10th Circuit U.S. Court of Appeals erred in ruling in favor of a clothing retailer that refused to hire a Muslim applicant who wore a headscarf during her interview, Principal Duty Solicitor General Ian H. Gershengorn...
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...
WASHINGTON, D.C. - (Mealey's) An injured
maritime worker's compensation is based on the rate at the time he or she
becomes disabled regardless of when a compensation order is issued, a split U.S.
Supreme Court ruled on March 20 ( Dana Roberts...
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...
Building off of yesterday's posts regarding EEOC v. Abercrombie [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case] ( here and here ), there are two extraordinarily important questions left unanswered. I touched...
WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments...
by Rodney L. Bean and Kaitlin L. Hillenbrand
Yesterday, the Supreme Court of the United States issued its long-awaited opinion in EEOC v. Abercrombie & Fitch Stores, Inc ., where it addressed questions surrounding the obligation of an employer...
The anti-retaliation provision of Title VII of The Civil
Rights Act of 1964, as amended ("Title VII") prohibits an employer from
"discriminat[ing] against any of his employees . . . because he has made a
charge" under Title VII...
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...
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...
WASHINGTON, D.C. - (Mealey's) A teacher who taught a
religious class, led worship and led prayer was a commissioned minister, and
her employment falls within the First Amendment to the U.S. Constitution's
ministerial exception, a unanimous...
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...
You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans.
At that time, every federal appellate court facing...
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...
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...