Labor & Employment Blog

Related Practice Areas: Labor & Employment

• U.S. SUPREME COURT EMBRACES THE “MINISTERIAL EXCEPTION”
  Posted January 25, 2012
  

  Author: Brian A. Vandiver

  The recent Supreme Court opinion of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553 (Jan. 11, 2012), held that the First Amendment’s Free Exercise Clause and Establishment Clause bar employment discrimination suits brought …

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• DO EMPLOYEES HAVE A STATUTORY RIGHT TO “PACK HEAT” AT WORK?
  Posted September 1, 2011
  

  Author: Brian A. Vandiver

   Several states have adopted “workplace protection” gun statutes that allow concealed handgun licensees to keep a handgun in their personal vehicle on their employer’s parking lot.  The statutory language varies greatly, but the laws essentially …

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• EMPLOYERS CAN THANK THE NLRB FOR ANOTHER REQUIRED NOTICE
  Posted August 31, 2011
  

  Author:  Brian A. Vandiver

  Beginning November 14, 2011, the National Labor Relations Board (NLRB) will now require most private employers to add a notice to the slew of other notices employers are already required to post by federal and …

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• U.S. Supreme Court Expands the “Cat’s Paw.”
  Posted August 18, 2011
  

  Author: Jeffrey L. Spillyards

  A “cat’s paw” case, in the context of employment law, is a case in which the plaintiff argues that an individual – maybe an immediate supervisor – exerted discriminatory influence on the process that ultimately …

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• NLRB Proposes Pro-Union Amendments to Election Procedures
  Posted June 30, 2011
  

  Author: Brian A. Vandiver

  On Wednesday, June 22, 2011, the National Labor Relations Board (NLRB) published a series of proposed amendments to its rules and regulations governing employee representation during collective bargaining with their employer.  The proposals …

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• Employment Discrimination Class Actions Are Now More Difficult For Employees
  Posted June 21, 2011
  

  Authors: Brian A. Vandiver and Jeffrey L. Spillyards

  The long-awaited U.S. Supreme Court opinion of Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ___ (2011) was issued this week.  Justice Scalia delivered the opinion, which reversed the …

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• U.S. Supreme Court Extends Title VII Protection to Third-Party Retaliation Claims: May a Friend of a Charging Party Assert a Claim for Retaliation?
  Posted June 16, 2011
  

  Author: Jeffrey L. Spillyards

  On January 24, 2011, the U.S. Supreme Court issued its opinion in Thompson v. North American Stainless, L.P., 131 S.Ct. 863 (2011), concluding that a third-party retaliation claim may be brought under Title VII.

  In 2003, …

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• U.S. Supreme Court Upholds the Legal Arizona Workers Act
  Posted June 3, 2011
  

  Author: Brian A. Vandiver

  On May 26th, the U.S. Supreme Court issued its opinion in Chamber of Commerce of the U.S. v. Whiting, 563 U.S. ___ (2011), upholding the Legal Arizona Workers Act.  The Act requires employers …

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• The DOL Has An App For That
  Posted June 1, 2011
  

  Author: Brian A. Vandiver

  On May 9th, the U.S. Department of Labor announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed.  …

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• ADAAA’s Final Regulations Are Now Public
  Posted March 30, 2011
  

  Author: Brian A. Vandiver

  On March 24th, the EEOC’s final regulations for the ADA Amendments Act (“ADAAA”) were made public. The EEOC originally proposed its implementing regulations (the Notice of Proposed Rulemaking or “NPRM”) for the ADAAA on September …

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