DOL Fumbles…SCOTUS Punts

By John Alan Doran This morning the U.S. Supreme Court issued its latest decision (read, “non-decision”) in Encino Motorcars, LLC v. Navarro. The case involves a decades-old question of whether auto dealership “service advisors” are exempt under a specific FLSA overtime exemption covering any “salesman, partsman, or mechanic…engaged in selling or servicing automobiles, trucks, or […]

Pregnancy Not So Favored

By Bryan Stillwagon Are pregnant employees entitled to workplace accommodations under Title VII? Does it matter whether you offer light duty work to employees injured on the job? The Supreme Court has ruled on Young v. UPS and we still don’t know. Young v. UPS, Inc., No. 12-1226 (Mar. 25, 2015). In this case, the […]

Supremes OK Post-Shift Screening

By John Alan Doran The Supreme Court today shed further light on post-work, non-compensable time under the FLSA. Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (U.S. December 9, 2014). The plaintiff class were warehouse workers who retrieved and packaged goods to ship to Amazon customers. After each work shift, they were required to stand […]

Radical Shift Coming In Public Sector Agency Fees

By John Alan Doran Yesterday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public sector. In Harris v. Quinn, No. 11-681 (June 30, 2014), Illinois tried to […]

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 […]

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 […]

NLRB Standing (read “Expanding”) Ground on D.R. Horton

By Lori Phillips In the controversial 2012 decision D.R. Horton, Inc., the NLRB held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual (as opposed to class) arbitration violate NLRA § 8(a)(1).  That statute forbids an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7.”  The D.R. […]

You’re so darned hot you’re fired!

By John Alan Doran Beauty turned ugly in the State of Iowa last week when the Iowa Supreme Court upheld the firing of a woman because she was simply too irresistible to the employer’s owner. This is the same conclusion the Iowa Supreme Court reached several months ago, when it first considered the case. The […]