President Obama recently nominated Judge Sonia Sotomayor to replace outgoing Justice David Souter on the United States Supreme Court. If you’re like us, you’re wondering what her nomination might mean for employment law. While it’s never easy to predict how a nominee will rule once on the Supreme Court (just ask George H.W. Bush)
Supreme Court Clears Pension Plan That Differentiated Pregnancy Leave Prior to the PDA
Today the U.S. Supreme Court held that an employer does not violate the Pregnancy Discrimination Act (PDA) if it pays pension benefits based in part on pre-PDA calculations that gave employees less retirement credit for pregnancy leave than for other types of medical leave. Click here to read the Court’s decision in AT&T Corp. v. Hulteen
Supreme Court: Arbitration Provisions in Collective Bargaining Agreements Enforceable on Statutory Claims
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Today the United States Supreme Court issued a decision of paramount importance to union employers, holding that arbitration clauses in collective bargaining agreements (CBAs) are enforceable as to statutory claims. Click here to read the decision in 14 Penn Plaza LLC v. Pyett.
In Penn Plaza, several union members asserted claims against their employer under the
Supreme Court Upholds Idaho Law on Union Speech 6-3
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The U.S. Supreme Court ruled earlier this week that an Idaho law banning local government employers from allowing payroll deductions for political activities does not violate unions’ First Amendment free speech rights. You can download the opinion here: Ysursa v. Pocatello Ed. Ass’n, U.S., No. 07-869, 2/24/09).
The Idaho Voluntary Contributions Act, enacted in
Supreme Court Broadens Scope of Title VII’s Anti-Retaliation Protections
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The U.S. Supreme Court issued an important decision yesterday, clarifying that employees who report discrimination in response to an employer’s internal investigation are protected by the anti-retaliation provisions of Title VII. Click here to download the case: Crawford v. Metropolitan Government of Nashville.
In Crawford, the plaintiff was interviewed as part of her employer’s investigation
Supreme Court to Hear Mixed-Motive Age Discrimination Case
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Last week, the United States Supreme Court agreed to review Gross v. FBL Financial Services, Inc., a case involving whether a plaintiff alleging a claim under the Age Discrimination in Employment Act must present "direct evidence" of discrimination to be entitled to a mixed-motive jury instruction.
A mixed-motive case in one where the evidence shows
Supreme Court Rejects Appeal on Aliens’ Right to Vote in Union Elections
Earlier this month, the United States Supreme Court declined to review a ruling from the Court of Appeals for the District of Columbia Circuit holding that unauthorized aliens are "employees" under the National Labor Relations Act (NLRA) and therefore entitled to cast votes in a union election.
In Agri Processor Co. v. NLRB, the
U.S. Supreme Court to Hear Six L&E Cases This Term
The U.S. Supreme Court opened its 2008-2009 term on October 6 with six labor and employment law cases on its docket. (For docket information and questions presented, click on the name of the case).
- Locke v. Karass: may a public employee union may charge nonmembers for representational costs for litigation expenses incurred by the international union
Supreme Court Accepts Review of AT&T Retirement Benefits Case
Earlier this week, the U.S. Supreme Court agreed to consider whether employers may be liable under Title VII for not giving female employees full credit for pregnancy leaves in calculating retirement benefits. AT&T Corp. v. Hulteen, U.S., No. 07-543.
The Ninth Circuit ruled last August that AT&T violated Title VII by calculating the female
Big Day at the Supreme Court: Four New L&E Decisions
Today the U.S. Supreme Court issued four labor and employment-related decisions; none, however, were big surprises or substantial changes in the law.
First, in Meacham v. Knolls Atomic Power Laboratory, the Court held 8-0 that an employer defending an Age Discrimination in Employment Act case bears the burden of proving a "reasonable factors other than age" or "RFOA" affirmative defense. Truth be told, most defense lawyers have assumed that it was the employer’s burden to prove the affirmative defense; this decision simply confirms that assumption.
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