Senator Ted Stevens and Sen. Chris Todd (D - Conn.) have introduced S 1681, the Family Leave Insurance Act of 2007, which would grant eight weeks of paid leave to employees entitled to FMLA leave. The leave would be paid by employers, who would be reimbursed by a Family Leave Insurance Fund to which employees, employers and […]
In an unpublished (and non-employment) case, the Ninth Circuit today affirmed summary judgment by Judge Beistline, who had held that (1) State Farm had not breached the covenant of good faith and fair dealing when it refused to investigate a settlement offer, and that (2) the insured’s subsequent acceptance of a settlement offer had breached […]
George Miller (D-Cal) has introduced HR 2831, which would amend Title VII, the ADEA, the ADA, and the 1973 Rehabilitation Act to specify that unequal pay claims accrue with each paycheck. If enacted, the bill would be retroactive to May 28, 2007, the day before the Supreme Court issued Ledbetter v. Goodyear.
In Roberts v. State, Dep’t of Revenue, 2007 WL 1793195 (Alaska June 22, 2007), the Court affirmed the dismissal of Roberts’ claim that the state (through enforcement of its gaming laws) had infringed on
his substantive due process right to gainful employment and to earn a living or his claim that the State violated his fundamental right […]
The US Equal Employment Opportunity (EEOC) Chair, Naomi C. Earp, who was appointed by President Bush and assumed the role of Chair in 2006, was in Anchorage on June 18, 2007, and spoke about two EEOC Initiatives: E-RACE and Youth@Work.
According to the EEOC website, the “E-RACE” Initiative [“Eradicating Racism and Colorism in Employment”] is “an […]
Looking for evidence of computer pornography, company officials, at the request of the government, searched the office and computer of a manager. (The officials thus became de facto government employees.) They turned over the incriminating material to the FBI. In the ensuing criminal prosecution, the employee moved to suppress the results of the search; the motion failed. […]
Today’s opinion in Tennessee Secondary School Athletic Ass’n v. Brentwood Academy, 2007 WL 1773196 (June 21, 2007), resolved two issues: Did the Ass’n violate the 1st Amendment when it enforced its rule barring high school coaches from recruiting middle school athletes (Answer: No)? and Did the Ass’n violate Due Process when its hearing panel, during deliberations, […]
Robert Burnside and 270 other unionized employees sued Kiewit Pacific under California state law for pay for time spent travelling between designated meeting sites and job sites. Kiewit claimed that the collective bargaining agreement preempted such claims, and left Burnside’s class with only federal claims under the CBA.
Kiewit removed to federal court. When Burnside moved to […]
The 11th Circuit has ruled that union employees for a poultry processing business were not entitled to be paid for time spent putting on and taking off protective clothing. As part of their jobs, the named plaintiffs were required to wear various articles of protective clothing and were required to arrive before their line work […]
The U S Supreme Court granted cert today on the issue of the scope of equitable relief under ERISA, specifically, whether § 502(a)(2) permits a participant to sue to recover losses in a defined contribution plan alleged caused by a fiduciary breach. The case is LaRue v. DeWolff, Boberg.
The Court denied cert in a case […]
“This is not the first time the Court has ordered a cramped interpretation of Title VII, incompatible with the statute’s broad remedial purpose… Once again, the ball is in Congress’ court. As in 1991, the Legislature may act to correct this Court’s parsimonious reading of Title VII.”
Justice Ruth Bader Ginsburg read these words on May […]
The Court ruled this Thursday morning, in Davenport v. Washington Education Association, 2007 WL 1703022 (June 14, 2007), that a state may prohibit a public employee union from using the agency-shop fees of a non-member for election-related purposes if the nonmember hasn’t affirmatively consented. The Court (via J. Scalia) characterized the law as essentially a limitation […]
Handling reference inquiries is tricky business. If you provide negative information about a employee, your company could be sued for defamation, intentional infliction of emotional distress, invasion of privacy, discrimination, or tortious interference with contractual relations. In fact, there are even companies who pose as potential employers in order to provide former employees with evidence […]
The U S Supreme Court has granted cert in an ADEA case on the role of the “same supervisor” rule when the plaintiff alleges company-wide age discrimination, here, involving a reduction in force. The 10th Circuit held that the trial judge abused his discretion in barring evidence that other older employees who worked under different supervisors […]
In Long Island Care at Home, Ltd. v. Coke, 2007 WL 1661472 (June 11, 2007), the Court upheld the validity of the DOL Interpretive Rule on the FLSA overtime rights of people who provide “companionship services” in the homes of aged or infirm individuals. The DOL rule [29 CFR § 552.109(a)] exempts those employees from overtime […]
The proposed 2007 Civil Rights Tax Relief Act would “amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes.” The full text of […]
By state statute, an employer must pay a salary to an exempt administrator, executive, or professional that is at least 2 times the state minimum wage, or $14.30/hour ($29,744/year, at 2080 hours/year). AS 23.10. 055(b). But by regulation, the salary for an exempt administrative or executive must be at least 2.5 times the minimum wage, or $17.875/hr. […]
The Supreme Court granted cert today on this issue:
Whether the Second Circuit erred in concluding, contrary to the law of several other circuits and implicating an issue this Court has examined but not yet decided, that an ‘intake questionnaire’ submitted to the Equal Employment Opportunity Commission (’EEOC’) may suffice for the charge of discrimination that […]
Friday’s opinion in Ware v. Ware, 2007 WL 1575525 (Alaska June 1, 2007), included an extended discussion of Rule 82(b)(3) enhancements of fee awards. Although this is not an employment case, the discussion may be useful in other types of cases. Justice Carpeneti, with Justices Matthews and Eastaugh, upheld the trial court’s (Harold Brown) enhanced award of approximately 80% of […]
In today’s opinion in Sole v. Wyner, 2007 WL 1582904, the U S Supreme Court addressed this issue:
Does a plaintiff who gains a preliminary injunction after an abbreviated hearing, but is denied a permanent injunction after a dispositive adjudication on the merits, qualify as a ‘prevailing party’ within the compass of [42 USC] § 1988(b)?
The unanimous Court, […]
The Alaska Supreme Court recently heard oral arguments in two employment-releated cases.
Miller v. Safeway, Inc., S-12331:
Safeway terminated Miller’s employment in 2001 because Miller failed to comply with Safeway’s grooming code regarding hair, beards and mustaches. This is Miller’s second visit to the Supreme Court. The present appeal questions whether Safeway’s lack of documentation supporting the […]
U. S. Equal Employment Opportunity Chair Naomi Earp will speak at two programs in Anchorage on Monday, June 18, 2007. Ms. Earp will be the speaker at the Anchorage Chamber of Commerce “Make it Monday” forum on June 18, 2007 at Noon to talk about The Youth@Work Initiative. For more information, please go to the […]
