Tag: v

Exotic Dancers Are Employees, Not Independent Contractors

Every now and then we need a reminder to illustrate  the dangers of misclassifying employees as "independent contractors."  Last week, the Montana Supreme Court provided such a reminder, ruling that exotic dancers were employees, not independent contractors.  Click here to read the opinion in Smith v. TYAD Inc. d/b/a Playground Lounge & Casino.  In Playground, the employer required … Continue Reading

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.  The … Continue Reading

Supreme Court Upholds Idaho Law on Union Speech 6-3

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 2003, prohibited … Continue Reading

Supreme Court Broadens Scope of Title VII’s Anti-Retaliation Protections

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 into another … Continue Reading

Tenth Circuit Affirms Dismissal of WARN Act Case

We don’t need to tell you there’s a recession going on, and that a recession means layoffs.  But we will remind you that layoffs may implicate the Worker Adjustment and Retraining Notification (WARN) Act – the federal law that requires employers to give 60 days’ notice of certain mass layoffs and plant shutdowns.  Sometimes giving … Continue Reading

Supreme Court to Hear Mixed-Motive Age Discrimination Case

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 that … Continue Reading

Washington: Public Policy Against Domestic Violence Supports Claim of Wrongful Discharge

Is a Washington employer prohibited from terminating an at-will employee because she took leave from work to protect herself from domestic violence?  Yes, according to last week’s opinion from the Washington Supreme Court in Danny v. Laidlaw Services.  In Danny, the plaintiff sued her former employer in federal court, alleging she was terminated for taking leave … Continue Reading
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