Labor and Employment Law

Recent Posts

U.S. Supreme Court Hears Arguments in EEOC, Abercrombie Dispute
Posted on 25 Feb 2015 by Bajeerah LaCava

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... Read More

Does an Unaccepted Offer of Judgment Moot a Wage and Hour Case? Genesis HealthCare Corp. v. Symczyk
Posted on 4 Dec 2012 by Jon Hyman

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... Read More

U.S. Supreme Court Rules On Disability Benefits Calculation
Posted on 20 Mar 2012 by LexisNexis® Mealey's™ Legal News

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... Read More

U.S. High Court Hears Arguments on Proof of Title VII Retaliation Claims
Posted on 24 Apr 2013 by Bajeerah LaCava

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... Read More

The Unanswered Questions From EEOC v. Abercrombie
Posted on 2 Jun 2015 by Philip Miles

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... Read More

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal
Posted on 14 Jan 2014 by Bajeerah LaCava

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... Read More

Supreme Court Decision Leaves Employers With Religious Accommodation Questions
Posted on 3 Jun 2015 by Sheppard Mullin

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... Read More

U.S. Supreme Court Allows Retaliatory Discharge Lawsuits By Persons Sufficiently Close To An Employee Who Makes A Discrimination Charge; Will New York State Courts Do The Same?
Posted on 23 Feb 2011 by David S. Rich

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... Read More

Supreme Court to Determine What "Clothes" Are under the FLSA
Posted on 22 Feb 2013 by Eric Meyer

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... Read More

High Court Agrees to Hear Appeal of NLRB Quorum Dispute
Posted on 24 Jun 2013 by Bajeerah LaCava

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... Read More

U.S. Supreme Court Finds Teacher Covered Under Ministerial Exception
Posted on 11 Jan 2012 by LexisNexis® Mealey's™ Legal News

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... Read More

U.S. High Court Hears Arguments in Government Worker’s Age Bias Appeal
Posted on 7 Oct 2013 by Bajeerah LaCava

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... Read More

Will SCOTUS Review Same-Sex Marriage Now?
Posted on 7 Nov 2014 by Robin Shea

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... Read More

U.S. High Court Issues Split Ruling On Jurisdiction Of Federal Employees’ Suit
Posted on 11 Jun 2012 by LexisNexis Labor & Employment Law Community St

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... Read More

U.S. Supreme Court Agrees to Hear Government Workers’ Age Bias Appeal
Posted on 18 Mar 2013 by Bajeerah LaCava

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... Read More