Supremes Strike Down ACA Contraception Regs

By John Alan Doran In a highly controversial, but very specific ruling, the Supreme Court today struck down Obama administration regulations requiring for-profit corporations to provide insurance coverage for certain forms of contraception. The case arises out of the tension between the Affordable Care Act’s contraception mandate, on the one hand, and the Religious Freedom Restoration […]

Supremes Benchslap President

By John Alan Doran This morning the U.S. Supreme Court handed down a decision that has widespread impact on the Obama Administration’s labor agenda, as well as the NLRB’s recent attempts to grossly expand its authority.  NLRB v. Noel Canning, No. 12-1281 (U.S. June 26, 2014)  The Court held that the President’s “recess appointments” to the NLRB […]

News Flash: ESOP Fiduciaries May Obey the Law

By Bill Wright The U.S. Supreme Court ruled in Fifth Third Bancorp et al. v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014), that no special presumption of prudence applies to the decision by ESOP fiduciaries to buy and hold stock of the sponsoring employer.  But what the Supreme Court shot down with one hand, they reinstated […]

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

By Bryan Stillwagon The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split among 279 current and former wait staff. A DOL investigation found that not only was the restaurant […]

“Me Too” Evidence Doesn’t Cut It

By Lori Phillips In a case of first impression, Adams v. Austal, USA, LLC, No. 12-11507 (11th Cir. June 17, 2014), the Eleventh Circuit addressed whether an employee may rely on evidence of racial harassment of which he is not personally aware to prove that his work environment was objectively hostile.  There, 24 African Americans […]

NLRB Concocts New F’ing Profanity Excuse

By John Alan Doran In 2005, a Starbucks barista walked into his store with several co-workers while off duty. He was there to protest Starbucks’ policy concerning baristas wearing pro-union pins. A row ensued between the barista and an off-duty manager of a different Starbucks store who just happened to be enjoying a triple venti […]

Supremes Rule That Trial Speech is Protected Speech – Part II

Click here to read Part I. By John Alan Doran The Supreme Court previously ruled in Garcetti that a prosecutor’s internal memorandum written in the course of his job responsibilities did not constitute protected speech because he was speaking as a government employee pursuant to his job responsibilities, and not as a public citizen.  The […]

Supremes Rule That Trial Speech is Protected Speech – Part 1

By John Alan Doran This morning the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech.  Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014) Central Alabama Community College (CACC) hired Edward Lane to run a city youth program.  Lane audited the youth program, learned […]

NLRB Meets Gossip Girl

By John Alan Doran The NLRB recently struck down an employer’s “anti-gossip” policy, ruling that the policy unlawfully interfered with employees’ rights to engage in concerted protected activity under the NLRA.  Laurus Technical Inst., 360 NLRB No. 133 (June 13, 2014). The employer had a seemingly reasonable policy that listed the destructive impacts of gossip, defined […]

Is Any Use of Medical Info Disparate Treatment?

By Bryan Stillwagon If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating the ADA?  In Wetherbee v. The Southern Co., No. 13-10305 (11th Cir. June 11, 2014), the plaintiff argued […]