NLRB invites briefs on whether faculty members are employees.
The National Labor Relations Board is inviting briefs from interested parties on the question of whether university faculty members seeking to be represented by a union are employees covered by the...
View ArticleNLRB Member Terence Flynn resigns
NLRB Member Terence F. Flynn submitted his resignation to the President and to NLRB Chairman Mark Gaston Pearce on May 26. [Press release] His resignation is effective July 24, 2012. He has immediately...
View ArticleDOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services...
View ArticleNo district court jurisdiction for federal employee challenging adverse...
The US Supreme Court held this morning that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an...
View ArticlePharma sales reps are FLSA exempt as outside salesmen (5-4)
This morning the US Supreme Court decided - on a 5-4 vote - that pharmaceutical sales representatives are "outside salesmen" and therefore exempt from overtime under the Fair Labor Standards Act. The...
View ArticleEEOC briefs on line
This is pretty cool. EEOC briefs are now on line. [Here] They cover briefs filed in the US Circuit Courts of Appeals in which the EEOC was a party, plus amicus briefs filed in the US Circuit Courts of...
View ArticleMid-year union dues increase: Hudson notice required, opt-in not opt-out
The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from...
View ArticleSummary of Knox v. SEIU
My summary of Knox v. SEIU at SCOTUSblog.com: Knox knocks unions on mid-year assessment for non-members.
View ArticleObesity can be a disability, at least in Montana
Obesity can be a disability, at least in Montana. Full decision: BNSF Railway v. Feit (Montana 07/06/2012) Feit got a ruling from the Montana Department of Labor that BNSF Railway discriminated against...
View ArticleWashington's sexual orientation discrimination amendment is not retroactive
The Washington State Supreme Court held today that a sexual orientation discrimination amendment adopted in 2006 is not retroactive. The court also concluded that conduct that took place prior to the...
View ArticleWisconsin public employee collective bargaining statute amendments declared...
A teachers' union sought declarative and injunctive relief against the governor, claiming that statutory amendments dealing with municipal employees' collective bargaining rights and payroll deductions...
View ArticleSupreme Court Watch: Employment law cases
We will be watching three pending cases at the US Supreme Court as the Court's session opens today: Kloeckner v. Solis Oral argument on October 2. The Merit Systems Protection Board (MSPB) hears...
View ArticleNLRB: Firing for Facebook posting was legal
Let the NLRB's press release tell the story: The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal...
View ArticleEEOC can use Teamsters-style pattern-or-practice theory under Title VII § 706
Serrano sued in a class action claiming sex discrimination and the EEOC intervened. The trial court ruled for the employer on a number of issues; the 6th Circuit reversed. Serrano and EEOC v. Cintas...
View ArticleAffirmative action ban in state constitution violates US constitution (8-7)
Michigan voters adopted a state constitutional amendment that prohibits "all sex- and race-based preferences in public education, public employment, and public contracting." The 6th Circuit (8-7) held...
View ArticleNLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members,...
View ArticleNLRB "recess" appointments were unconstitutional; Board lacked a quorum
Noel Canning v. NLRB (DC Cir 01/25/2013) The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution. On...
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