NLRB Classifies TAs as Employees

By Bill Wright The NLRB chose not to interfere with collegiate football.  Northwestern University, Case 13-RC-121359 (August 17, 2015).  Collegiate teaching assistants, though, are another thing.  In Columbia University, Case 02-RC-143012 (August 23, 2016), the Board reversed another established precedent to assert that teaching assistants (“TAs”) are “statutory employees” and may choose to have union […]

Ninth Circuit Strikes Class Arb Waivers

By John Alan Doran The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA.  The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending FLSA lawsuit. Ernst & Young requires new employees to sign an […]

Transgender Claim Meets Dress Code

By Bill Wright The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC lost.  EEOC v. RG&GR Funeral Homes, Inc., Case No. 14-13710 (ED MI August 18, 2016).  The EEOC brought […]

3 Severance Agreement Time-bombs

By John Alan Doran Yesterday the SEC entered a cease and desist agreement with BlueLinx Holdings, fining the company $265,000.00 for including unlawful confidentiality and waiver provisions in its severance agreements.  BlueLinx used a variety of severance agreements or letters with its departing employees.  Most of these prohibited the employee from sharing the company’s confidential […]

Public Employment for Motorcycle Gangs

By Bill Wright A public employer – an organization dedicated to the rehabilitation of youth offenders – will face trial over its termination of a motorcycle gang member. In Godwin v. RVYCF, No. 1:12-cv-00478-CL (9th Cir. Aug. 10, 2016), a public employer discharged an employee for coming to work wearing his colors for a motorcycle […]

5 Keys to New AZ IC Law

By John Alan Doran We have repeatedly blogged on the Pushmi-Pullyu world of independent contractor relationships, a world in which employers can do no right.   (DOL Says Employers Are Morons)    Well, Arizona recently enacted a law providing at least some level of clarity to independent contractor status. HB 2114 creates a purely voluntary mechanism through which […]

AZ’s Hidden Employer Wage/Hour Gift

By John Alan Doran Much has been said about AZ Governor Ducey’s recent decision to sign into law HB 2579, which preempts local governments from enacting their own living wage or fringe benefits ordinances for private employers.  See http://www.dcourier.com/news/2016/may/13/ducey-signs-bill-will-protect-private-employers-di/?templates=desktop.  But next to nothing has been said about the impact of HB 2579 on treble damages […]