Guest post by Tommy Eden, a partner in Constangy's Opelika, Alabama, and West Point, Georgia, offices.
In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor Standards Act.
All federal courts of appeal to decide the ...
I was interviewed yesterday by Colin O'Keefe of LXBN-TV on the impact of the Supreme Court's Hobby Lobby decision, and I did a "quick and dirty" post on the decision the day it was issued. Since that time, the decision has been sharply criticized in the traditional media and on social media.
Here are six reasons why I think the decision is not the end of the world, even if you are strongly in ...
The Supreme Court, in a 5-4 decision, found today that the contraceptive mandate in the Affordable Care Act, to the extent that it applies to closely-held corporations, violates the Religious Freedom Restoration Act. And in another 5-4 decision, the Court found that the First Amendment does not allow home healthcare workers to be compelled to pay agency fees to the Service Employees ...
DEAR READERS: Because of the Easter holiday, this will be my "Friday" blog post. I'll be back to my regular schedule next week.
UPDATE (7/3/14): The EEOC and Walgreens have settled their case for $180,000. Read all about it here.
Many, many years ago, as an associate, I got to help defend the worst harassment investigation of my career. The entire investigation went essentially like this: MANAGER: "Lucy [not her real name] says you sexually harassed her. Is that true?" ACCUSED: "I ain't crazy." *End of investigation.* Oh. Except that the manager documented it, too. *Head slap* .
In this manager's defense, he was ...
I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.
The weather outside is frightful, but the fire's so delightful!
Our first case involves a type of harassment ...
Here's a little Friday quiz for you -- no grading, and answers appear below -- on the subject of retaliation.
After you take the quiz, stay tuned for the story that inspired me to write about this.
RETALIATION QUIZ
1. Approximately how many labor and employment laws have anti-retaliation provisions?
A. All of them
B. Three - Title VII, the Americans with Disabilities Act, and the Age ...
Last week, I posted about the Supreme Court's decision in Vance v. Ball State, a nice win for employers. Here's another: University of Texas Southwestern Medical Center v. Nassar, in which the Court held that a plaintiff seeking to get to a jury on a retaliation claim has to meet an exacting standard of proof.
What the case was about
The plaintiff, Dr. Nassar, was a physician of Middle ...
In honor of our nation's 237th birthday (she doesn't look a day over 236, IMO), I'll be off Friday and hope you will be, too. Meanwhile, the Supreme Court has given employers two victories that will make you want to have a beer and shoot off some Roman candles from the back porch. Here's the scoop on one of the decisions -- Vance v. Ball State University, in which the Court took a narrow ...
UPDATE (7/2/13): As promised last week, here is a link to a bulletin on the Windsor decision and its effects on all types of benefits programs by Brian Magargle in our firm's Columbia, SC, office.
This week's Supreme Court decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act as unconstitutional, should simplify administration of spousal leave ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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