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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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US SUPREME COURT TO RULE ON NLRA PREEMPTION OF TORT-BASED SUITS
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme … Continue reading
Posted in NLRA, NLRB
| Tagged Damages, Garmon, Labor Unions, NLRA, NLRB, Picketing, Preemption, Strikes, Supreme Court
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Federal Equal Employment Opportunity Law – Recent Developments
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading
Posted in Discrimination, Pay, Snell & Wilmer
| Tagged Disability, Equal Pay, Salary History, Supreme Court, Title VII
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Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender … Continue reading
Posted in Discrimination, EEOC, Snell & Wilmer
| Tagged SCOTUS, Supreme Court, Title VII
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Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It
On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged EEOC charge, SCOTUS, Supreme Court, Title VII
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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading
Posted in Arbitration, Class Action
| Tagged Class Action Waiver, Employment Arbitration Agreements, Epic Systems, Ernst & Young LLP, Lamps Plus, Lewis, Morris, Murphy Oil, Ninth Circuit, NLRB, SCOTUS, Section 7, Supreme Court, Wage & Hour
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Public-Sector Employees Are Making Lemonade Out of Lemmons
Yesterday, the Supreme Court of the United States unanimously held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act (“the Act”) applies to state and local government employers, regardless of their size. The Act defines … Continue reading
Posted in ADEA, Discrimination, EEOC
| Tagged ADEA, age, discrimination, Employees, Public Sector, Supreme Court
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Extraction of Agency Fees from Non-Consenting Public Employees is Unconstitutional
In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that States and public sector unions may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment right to … Continue reading
Posted in NLRA, NLRB, Unions
| Tagged AFSCME, Agency Fees, First Amendment, Free Speech, Janus, Public Sector, SCOTUS, Supreme Court, Union Dues
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Tolling of Statute of Limitations in Class Action Realm Narrowed
In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading
Posted in Class Action, Pay
| Tagged Class Certification, Ninth Circuit, SCOTUS, Statute of Limitations, Supreme Court, Wage & Hour
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Supreme Court Blesses Employers’ Use of Class Action Waivers
As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible. Three Courts of Appeal, i.e., the … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, SCOTUS, Section 7, Supreme Court
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Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the Dodd-Frank Act
In Digital Realty Trust Inc. v. Somers, the Supreme Court in stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers employees who first … Continue reading
Posted in Whistleblower
| Tagged Dodd-Frank, Sarbanes-Oxley, SCOTUS, SEC, Supreme Court, Whistleblower, Whistleblower Activity
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