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Report Link Supreme Court to Hear Five Labor and Employment Cases.Vedder Price - November 09, 2009 The United States Supreme
Court began its latest term on
October 5, with fi ve cases on
its docket that will directly
impact employers. Two of the
cases deal with labor
arbitration; a third deals with
the degree of deference due an
ERISA plan administrator; a
fourth addresses the amount of
time a plaintiff has to fi le a
discrimination charge; and the
fi nal one involves allegations of
whistle-blowing and the
attorney-client privilege. Report Link Employment Law Supreme Court Roundup in 2009.Phelps Dunbar LLP - October 30, 2009 The 2008 term of the United States Supreme Court did not see as many major labor and employment law cases as the previous term. Even so, a number of high-profile and otherwise significant employment cases made their way onto the court's docket. The following is a summary of the major cases decided in 2009 from the Court's 2008 term. Report Link U.S. Supreme Court Weighs In on Employment Law Developments.Fredrikson & Byron, P.A. - September 10, 2009 Employers and their attorneys have been hard-pressed to keep up with rapid changes and developments in employment law in 2009. The U.S. Supreme Court has, for its part, issued a number of important decisions in 2009 that will affect the administration and direction of discrimination challenges and lawsuits. The decisions are discussed below. Report Link Victory Is Sweetest When You've Known Defeat.Fisher & Phillips, LLP - August 04, 2009 Good news for employers this year! Well . . . at least as compared to last year's Supreme Court term. The majority of the employment cases decided by the Court this term can be considered a victory for employers, and even one of the decisions siding with employees is not all bad. So, after losing all but four of the eleven employment decisions decided last year, employers can finally breathe a welcome sigh of relief. As discussed below, employers can claim victory in six cases, while only accepting defeat in one case and considering another case to be a mixed result. Report Link Supreme Court Update: Three Recent Decisions Affect Employers (pdf).Vedder Price - July 14, 2009 Supreme Court Update: Three Recent Decisions Affect Employers. Report Link UNITED STATES SUPREME COURT EMPLOYMENT LAW DECISIONS 2008-2009.Shaw Valenza LLP - July 13, 2009 The United States Supreme Court decided several significant employment law cases during the 2008 Term. The Court’s opinions addressed the validity of service fees charged by unions to nonmembers, the scope of Title VII’s anti-retaliation protections, spousal rights under ERISA benefit plans, waivers of Age Discrimination in Employment Act (ADEA) claims in collective bargaining agreements, retroactivity of the Pregnancy Discrimination Act (PDA), and an employee’s burden to prove age discrimination under the ADEA even when evidence exists that age was a motivating factor in the employer’s decision. There currently is one case on the docket for next Term, summarized below. (The Court may add more cases to the docket as the new Term approaches in October 2009). Report Link What's After EFCA? The Rest Of The Agenda!Ogletree Deakins - June 18, 2009 Shock and awe! When Congress passed the Lilly Ledbetter Fair Pay Act on January 29, 2009, during the first week of the 111th Congress (without any committee action, little floor debate, and no amendments), and President Barack Obama quickly signed the bill into law (P.L. 111-2), it became shockingly clear to the business community how fast "change" could come to workplace law. Report Link Supreme Court Nominee Sotomayor's Record in Labor and Employment Law Cases Reveals Balanced Approach.Jackson Lewis LLP - June 01, 2009 President Barack Obama’s nomination of Judge Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit in New York to replace retiring Justice David Souter on the U.S. Supreme Court has focused employers’ attention on her judicial record in labor and employment law cases. Report Link Obama Nominates Sotomayor For Vacancy On Supreme Court.Constangy, Brooks & Smith, LLP - May 28, 2009 President Barack Obama announced today that his nominee to fill the position on the U.S. Supreme Court being vacated by Justice David Souter will be Sonia Sotomayor. Judge Sotomayor is currently a judge on the U.S. Court of Appeals for the Second Circuit, which hears appeals from federal district courts in the states of Connecticut, New York, and Vermont. Report Link Protecting Against Employment Practices Litigation.Elarbee, Thompson, Sapp & Wilson, LLP. - February 09, 2009 The near future in employment related litigation is likely to be volatile with the high degree of uncertainty in the economic marketplace. History tells us that a weak economy and employer layoffs are proven to lead to greater frequency of employment practices litigation. Additionally, a new presidential administration and pending legislation on Capitol Hill can significantly alter the legal landscape for employment related matters. Report Link Congress Goes Back to Work, Passes Two Key Employment Law Reform Measures.Jackson Lewis LLP - January 16, 2009 Congress has hit the ground running in 2009 and is working hard to push forward an aggressive agenda. During its first week back in session, the U.S. House of Representatives rushed through two pieces of pay equity legislation: the Lilly Ledbetter Fair Pay Act of 2009 (H.R. 11) and the Paycheck Fairness Act (H.R. 12). The House passed similar measures during its previous session, but the proposed legislation lacked sufficient support in the Senate. Now, with better odds of clearing the Senate—and no threat of a Presidential veto—the bills are poised to become law in 2009. Both reform measures would make it easier for plaintiffs to prevail in pay discrimination claims against employers. Report Link Bill Impacting Pay Discrimination Claims Sent to Senate.Ford & Harrison LLP - January 15, 2009 The U.S. House of Representatives has passed legislation that could significantly impact employers, if the legislation becomes law. The Lilly Ledbetter Fair Pay Act is aimed at overturning the U.S. Supreme Court's 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., which limited the time frame for bringing pay discrimination claims. The Fair Paycheck Act would enhance remedies for sex-based discrimination and make it easier for plaintiffs to establish an Equal Pay Act (EPA) violation. The two bills have been combined (H.R. 11) and sent to the Senate for consideration. To view the text of the legislation, click here, type H.R. 11 in the search box and select search by bill number. Report Link 2009 Federal Labor & Employment Law Legislative and Regulatory Update.Barker Olmsted & Barnier - January 07, 2009 Below is a summary of significant new 2009 federal laws and regulations relevant to labor and employment law issues. Report Link 2008 U.S. Supreme Court Labor and Employment Law Cases.Barker Olmsted & Barnier - January 07, 2009 A review of significant 2008 U.S. Supreme Court decisions in the area of labor and employment law. The Court addressed major issues related to Federal Arbitration Act preemption, Section 1981 claims, ADEA affirmative defenses, and more. Report Link Management UpdateFord & Harrison LLP - December 30, 2008 Avoiding Religious Discrimination Claims During the Approaching Holiday Season; Quon v. Arch Wireless Operating Co., Inc.: New Protections For Employee Privacy; Practical Tips For Being An Effective Deposition Witness. Report Link U.S. Supreme Court - New Supreme Court Term Set To Open Justices To Review Several Key Employment Law Cases.Ogletree Deakins - October 10, 2008 In early October, the U.S. Supreme Court will begin hearing oral argument for the 2008-2009 term. There are currently four labor and employment related cases on the docket - the most notable involving the scope of the anti-retaliation provision contained in Title VII of the Civil Rights Act. The justices also have agreed to decide whether an arbitration provision in a union contract bars an employee from suing for age bias. Report Link Good News, Bad News: Data Indicate Decline & Rise in Federal Discrimination Lawsuits.Jackson Lewis LLP - September 19, 2008 Employment discrimination lawsuits filed in federal court dropped 39.7% in 2006 from a decade ago. The report from the U.S. Department of Justice’s Bureau of Justice Statistics released on August 29, 2008, shows 14,353 employment discrimination lawsuits filed in federal court in 2006, down from a high of 23,800 in 1997. A steep increase in workplace law claims throughout the 1990s followed passage of the Civil Rights Act of 1991. The Act provided greater relief to plaintiffs suing under the employment discrimination provisions of Title VII, most notably, by granting discrimination plaintiffs the right to a trial by jury. The number of claims filed annually reached a high in 1997 before leveling off (still approximately 20,000 each year) through 2004, declining sharply thereafter. The report shows the median award for prevailing plaintiffs declined slightly, from $154,500 in 2005 to $150,000 in 2006 (exclusive of defense fees and prevailing plaintiffs’ recovery of attorney’s fees). Report Link U.S. Supreme Court Issues Key Employment and Labor Decisions as October Term Concludes.Phelps Dunbar LLP - September 11, 2008 In a year already marked by several significant employment law decisions, the Supreme Court handed down several new opinions in May and June, establishing important precedent in areas ranging from age discrimination and retaliation to employee benefits and labor. Report Link The Good, The Bad, and The Ugly: Looking Back at the 2007-2008 Supreme Court Term.Fisher & Phillips, LLP - August 04, 2008 The recently-concluded U.S. Supreme Court term offered employers several reasons to cheer but even more reasons to jeer. Of the 11 cases decided by the Court between October 2007 and June 2008, only 4 of them could be considered as victories for employers; many of them proved to be real setbacks for management. Although most Supreme Court watchers would label the current Supreme Court as conservative and business-friendly, a review of these 11 decisions shows that the Court is anything but. Report Link Important EEO Data Filing Deadlines Are Fast Approaching.Littler Mendelson, P.C. - July 31, 2008 Employers should be focusing their attention now on three government-imposed data filing deadlines that fall on September 30 each year. The forms with upcoming deadlines, and the employers to which they apply, are... Report Link Supreme Court Roundup.Elarbee, Thompson, Sapp & Wilson, LLP. - July 22, 2008 The U.S. Supreme Court recently concluded its 2007 term, during which employees were often the prevailing party. Report Link Election of Remedies Provision Does not Violate Title VII.Ford & Harrison LLP - July 21, 2008 Creating a split among the federal appeals courts, the Second Circuit recently held that including an election of remedies provision in a collective bargaining agreement (CBA) is not unlawful retaliation in violation of Title VII. See Richardson v. Commission on Human Rights and Opportunities (July 7, 2008). The clause at issue in this case provided that disputes over unlawful discrimination would be subject to the CBA’s grievance procedure but would not be arbitrable if the employee filed a discrimination charge with the Commission on Human Rights and Opportunities (CHRO) (the state civil rights agency, who was also the employer in this case). Report Link United States Supreme Court Employment Law Decisions 2007-2008.Shaw Valenza LLP - July 21, 2008 The United States Supreme Court decided several significant employment law cases during the 2007 Term. The Court’s opinions ranged from the validity of administrative charges filed with the Equal Employment Opportunity Commission, to the scope of the Age Discrimination in Employment Act, as well as to anti-retaliation provisions. There currently are four cases on the docket for next Term, each of which is summarized below. (The Court may add more cases to the docket as the new Term approaches in October 2007). Report Link Supreme Court Issues Four Important Employment Law Decisions.Phelps Dunbar LLP - July 09, 2008 In a year already marked by several significant employment law decisions, the Supreme Court handed down four new opinions on June 19th, establishing important precedent in areas ranging from age discrimination to employee benefits. Report Link Keeping an Eye on Labor and Employment Legislation.Fisher & Phillips, LLP - July 02, 2008 In a previous issue we took a look at several pending laws that would drastically change the labor and employment scene ("Cute Titles for Bad Laws" by John Zenor, Labor Letter, May 2008). This month we'll review a few more pieces of pending legislation. Report Link The Ministerial Exception: How Far Is Too Far?Fisher & Phillips, LLP - May 07, 2008 Two recent court decisions have further defined the contours of the "ministerial exception," which prohibits courts from addressing employment claims brought against religious organizations when the decisions were based on the organization's religious principals or practices. Archdiocese of Washington v. Moersen demonstrates that this exception has its limits; Klouda v. Southwestern Baptist Theological Seminary shows just how far the exception can be applied. Report Link U.S. Supreme Court Update.Ford & Harrison LLP - April 25, 2008 The Supreme Court has issued several employment related decisions already this year. Report Link Key Employment Cases On High Court Docket.Ogletree Deakins - February 08, 2008 The U.S. Supreme Court's 2007-2008 term is currently well underway. Several of the key pending labor and employment cases are summarized below. Report Link New Bill Calls for Increased "Accountability" by Employers under Civil Rights Statutes.Jackson Lewis LLP - February 05, 2008 A new bill introduced by Senator Ted Kennedy and Representative John Lewis aims to reverse or modify seven workplace-related decisions handed down by the United States Supreme Court over the past two decades. Entitled the Civil Rights Act of 2008 (S. 2554/H.R. 2159), the bill aims to "restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes." Report Link Some Noteworthy Fifth Circuit Decisions.Phelps Dunbar LLP - January 11, 2008 Over the past few months, the United States Fifth Circuit Court of Appeals, which reviews appeals of federal district court cases in Louisiana, Texas and Mississippi, addressed a seminal issue which crops up repeatedly in lawsuits - when is a parent corporation deemed to be the employer of the subsidiary's employees for purposes of a discrimination suit. Report Link United States Supreme Court Considers Four Key Employment Cases in its New Term.Phelps Dunbar LLP - January 10, 2008 The United States Supreme Court commenced its October 2007 with four key employment cases on its docket. Although two of the cases were granted review at the end of the last term, the remaining three cases were granted review just a few months ago, on September 25, 2007. The four cases cover a range of employment issues which will affect all employers, both small and large. The following key issues are pending before the Court. Report Link Using The Statutory "Offer To Compromise" to Obtain Favorable Settlements.Shaw Valenza LLP - November 05, 2007 Like all civil litigation, most employment law cases are resolved before trial. However, the plaintiff rarely just gives up. Report Link Review of Key Federal Administrative Regulations and Guidance.Phelps Dunbar LLP - October 23, 2007 Five key federal court decisions. Report Link Who? . . . Me? Personal Liability for Managers.Elarbee, Thompson, Sapp & Wilson, LLP. - September 28, 2007 Approximately one quarter of the lawsuits filed in federal courts are employment-related. Traditionally, disgruntled employees name their employers as defendants in such suits. In each dispute, however, one or more managers carried out the employment actions at issue, and employees increasingly are suing not just their employers, but their managers as well. While there is a general consensus among the courts that there is no individual liability under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act, there is less consensus as to whether managers and supervisors may be held personally liable for violations of 42 U.S.C. § 1981, The Americans With Disabilites Act, the Family and Medical Leave Act, and the Fair Labor Standards Act (“FLSA”). Moreover, managers and supervisors may be held personally liable for damages pursuant to many state tort law claims, as well as some state anti-discrimination statutes, such as the Colorado Discrimination Act. Report Link Caregiver Discrimination: A New Angle on Sex, Race, and Disability Discrimination.Fredrikson & Byron, P.A. - August 23, 2007 The Equal Employment Opportunity Commission (EEOC) recently issued written guidance on its approach to sex, race, and disability discrimination claims that involve caregivers. Although the guidance does not create a new protected class for caregivers, it sets forth numerous examples of employer conduct toward pregnant employees, women of color, and male and female caregivers that the EEOC will treat as sex, race, and/or disability discrimination. The guidance serves as a warning to employers to prevent bias against caregivers and indicates the potential legal consequences if they do not. Report Link U.S. Supreme Court Wraps Up Term With Three Cases.Ogletree Deakins - July 27, 2007 The U.S. Supreme Court recently concluded its 2006-2007 term. In the surge of decisions issued in the last few weeks of the term, the justices issued three decisions of interest for employers. Report Link United States Supreme Court Employment Law Decisions 2006-2007.Shaw Valenza LLP - July 18, 2007 The United States Supreme Court decided several significant employment law cases during the 2006 Term. The Court’s opinions address a number of topics, from the statute of limitations in cases alleging discriminatory pay practices, to the exempt status of home care aides under U.S. Department of Labor regulations. There presently are three important cases on the docket for next Term, summarized below. The Court may add more cases to the docket as the new Term approaches in October 2007). Report Link EEOC Issues Guidance on Workers with Caregiving Responsibilities.Jackson Lewis LLP - May 31, 2007 Although no federal law specifically prohibits discrimination against caregivers, the Equal Employment Opportunity Commission in its newly issued Enforcement Guidance entitled, "Unlawful Disparate Treatment of Workers with Caregiving Responsibilities," addresses in detail the circumstances in which discrimination against caregivers may violate Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act and outlines how the EEOC will approach the investigation of charges brought by caregivers. Report Link Labor and Employment Advisory: EEOC Issues New Guidance on Work/Family Balance in the Workplace.Buchanan Ingersoll & Rooney PC - May 25, 2007 On May 23, 2007, the EEOC issued a new Enforcement Guidance, titled "Unlawful Disparate Treatment of Workers with Caregiving Responsibilities." http://www.eeoc.gov/policy/docs/caregiving.html. The guidance identifies various ways in which employers may violate Title VII or the ADA as an increasing number of employees and applicants struggle to balance work and family obligations. The EEOC's attention to so-called "family responsibilities discrimination" means that savvy employers must now view this subject as a risk management issue. Report Link EEOC Issues New Guidance on Work/Family Balance in the Workplace.Buchanan Ingersoll & Rooney PC - May 24, 2007 In a new Enforcement Guidance issued by the EEOC, employers are made aware of the various ways in which Title VII or the ADA may be violated by actions (and reactions) toward employees and applicants seeking to balance work and family obligations. In addition, the EEOC advocates flexible workplace policies and practices, designed to make it easier for employees to strike this balance. Report Link New Supreme Court term opens with few employment cases (pdf).Ogletree Deakins - December 06, 2006 But justices will review key pay discrimination case under Title VII. Report Link Does "Hidden Bias" Lurk in Your Workplace? (pdf).Ford & Harrison LLP - October 18, 2006 Many employers today proudly describe themselves as “equal opportunity employers” and provide extensive diversity and antidiscrimination training for managers and supervisors to eliminate the potential for discriminatory decision making.
Report Link 2005 Seventh Circuit Review: Key Employment Law Decisions (pdf).Ogletree Deakins - March 06, 2006 It is with great pleasure that we present to you the 2005 Seventh
Circuit Review: Key Employment Law Decisions – a summary of key
employment cases decided by the Seventh Circuit Court of Appeals in
2005 prepared by Ogletree Deakins' Indianapolis and Chicago offices.
The Seventh Circuit covers Indiana, Illinois and Wisconsin. The
Review summarizes select Seventh Circuit cases impacting day-to-day
employment decisions involving your organization. We hope you find
the Review helpful in your work. Report Link New Supreme Court Term Opens With Five Employment Cases (pdf).Ogletree Deakins - November 09, 2005 The U.S. Supreme Court recently
began its 2005-2006 term with a new
lineup set to hear the 48 cases currently
on its docket. The late William
Rehnquist, who served as Chief Justice
on the high court since 1994, was replaced
by John Roberts. Justice Sandra
Day O’Connor, who on July 1 announced
her decision to retire, will step down
after her successor is confirmed. Report Link Years of Waiting Produce Little Guidance for Employers on Definition of Applicant.Jackson Lewis LLP - March 09, 2004 For decades employers with federal contracts and resulting affirmative action obligations have been required to monitor their hiring practices to prevent discrimination against minority and female applicants.
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December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
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December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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