Contractor Blacklisting Rule Trump-smacked

By John Alan Doran Yesterday President Trump signed into law a resolution that officially kills the Obama-era “Blacklisting Rule.”  The Rule promised to wreak havoc among federal contractors by requiring certain government contractors and subcontractors to report to the government mere alleged violations of a multitude of federal labor and employment laws and NLRB complaints […]

Violence Against Women

By Bill Wright The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months pregnant when he coerced her to travel out of town with him by threatening to fire her […]

SCOTUS Benchslaps Another NLRB Appointment

By John Alan Doran This morning the U.S. Supreme benchslapped the Obama Administration’s use of appointment power in NLRB v. SW General, Inc. In a 6-2 decision, the Court held that the President violated the Federal Vacancies Reform Act (“FVRA”) by allowing Lafe Solomon to serve as “Acting” NLRB General Counsel while his nomination to serve […]

AZ Supremes: Prop 206 Is Law

By John Alan Doran Yesterday the Arizona Supreme Court issued a death knell to the pending legal challenge to Prop. 206.  As you will recall from our blog post, last November our citizenry passed a referendum that raised the minimum wage and imposed mandatory paid leave on employers. The minimum wage hike took effect in January, […]

Sexual Orientation: Status Or Conduct?

By Bill Wright In Evans v. Georgia Regional Hosp. et al., No. 15-15234 (11th Cir. March 10, 2017), the panel of three Court of Appeal judges produced three opinions. Two of the judges argued amongst themselves over a point of legal analysis.  One judge maintained that Title VII does not protect people from discrimination based […]

Admitting Agency Status May Limit Claims

By Ted Olsen When an employee injures someone, the employer might be sued based on the employee’s conduct within the scope of his/her employment (“respondeat superior” liability), or the employer might be sued for its own conduct, or both. A recent Colorado Supreme Court decision created a new rule of law to simplify this kind […]

Court Balances Discovery Costs

By Bill Wright A federal trial court in Florida just set a fine example of balancing discovery costs in litigation. The case pits an EEOC litigation team against an employer’s top notch counsel. Without sanctioning either party or the attorneys, the court imposed a $500 cost on the employer’s lawyer for his “unsuccessful” objections to […]