John Alan Doran Dear Santa, We all got together and put together our wish-list for your visit. We realize it’s been a fascinating year on the Labor & Employment front. And we don’t want to seem greedy (and end up on the naughty list) in light of all the recent developments in Labor & Employment […]
Category: Blog
Loss of Trust in Manager Is Good Cause to Fire
By Bill Wright Montana is one of the few states where employers must have good cause to fire an employee. In this recent case, the employer fired its site manager because he had an employee return to work without a medical release and sign a supervisor’s signature on his time cards. The employee’s defense? You […]
Equal Pay in a #MeToo World
By Elizabeth Chilcoat A recent case illustrates the perils of paying women less than men – even when there appears to be a good reason to do so. In Bowen v. Manheim Remarketing, Inc., the company promoted the plaintiff, a woman, to replace a more experienced male employee. The plaintiff was paid less than the […]
EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)
By Chance Hill The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly interferes with the state’s authority to impose bans on hiring felons and to be able to discretionarily reject felons for […]
No End in Sight – Prepare for Years of Litigation
By Beth Ann Lennon The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia. In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in federal court, state courts must “stop-the-clock” on the statute of limitations for […]
Aid-In-The-Accomplishment
By Bill Wright The Supreme Court has staked out a definition for “supervisor” in the context of Title VII. Whether a person is a “supervisor” determines whether the employer can be held strictly liable for the person’s harassing conduct (because “supervisor” status aided in the accomplishment of the harassment), or whether the employer can only […]
D.C. Circuit Finds NLRB Recess Appointments Unconstitutional
The Court of Appeals for Washington D.C. ruled today that the President’s “recess” appointment of three members of the National Labor Relations Board was unconstitutional. Although the Senate was not holding sessions, it was not in “The Recess” either and therefore the President could not make a “recess” appointment. What happens now to all the […]