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SCOTUS Issues Decision in Gross v. FBL Financial Services
Posted: June 18th, 2009, 7:16am EDT by laborprof lpb
The Supreme Court issued its opinion in Gross v. FBL Financial Services today, reversing the decision of the lower courts. It was a 5-4 decision, written by Thomas, with two dissents. Justice Stevens filed a dissent joined by Justice Souter,... -
Obama's Extension of Some Benefits to Same Sex Partners
Posted: June 17th, 2009, 8:25pm EDT by laborprof lpb
It's been an interesting week or so on the LGBT front for the Obama administration. The Department of Justice filed this brief defending the Defense of Marriage Act (for a good discussion, see this post at Hunter of Justice), and... -
NFL Expanding Rooney Rule to Front Office
Posted: June 17th, 2009, 2:23pm EDT by laborprof lpb
The Washington Post reports that the NFL has announced it will extend its Rooney Rule on hiring people of color to front-office hires. From the article, The move had been expected after NFL Commissioner Roger Goodell said at a set... -
EEOC Initiates Rulemaking Process for ADA
Posted: June 17th, 2009, 10:41am EDT by laborprof lpb
The EEOC voted today to begin the process of revising its ADA regulations to conform to the ADA Amendments Act of 2008. The ADAAA makes it easier for an individual seeking protection under the ADA to establish that he or... -
More Support For Two-Member NLRB Decisions
Posted: June 17th, 2009, 8:32am EDT by laborprof lpb
The count is now 3-1 in favor of two-member NLRB decisions being valid, following the Second Circuit's recent ruling in support of those decisions in Snell Island SNF v. NLRB. As a reminder, the D.C. Circuit has held that such... -
Milwaukee's Paid Sick Leave Ordinance Struck Down
Posted: June 17th, 2009, 7:46am EDT by laborprof lpb
The National Law Journal reports that last Friday, a Wisconsin judge struck down Milwaukee's sick leave law, which had been enjoined before it could go into effect, as unconstitutional under rules for disclosure on ballot initiatives. The ordinance had provided... -
The Post-Laurel Baye Two-Member NLRB Decisions Have Begun
Posted: May 28th, 2009, 12:28pm EDT by laborprof lpb
As it said it would do, the NLRB recently issued two, two-member decisions (dated May 21) following the D.C. Circuit's holding in Laurel Baye that such decisions were invalid. The cases are Regional Emergency Medical Services and Iron Workers, Local... -
More Moss on Sotomayor's Record
Posted: May 28th, 2009, 9:35am EDT by laborprof lpb
Scott Moss (Colorado) is becoming the go-to guy on Sotomayor's employment decisions. He participated yesterday in a conference call organized by the White House that brought several scholars and lawyers together for a virtual press conference. The transcript is here.... -
Second Circuit Reverses Summary Judgment in Unusual Sex Stereotyping Case
Posted: May 28th, 2009, 9:14am EDT by laborprof lpb
The Second Circuit reversed a summary judgment in favor of an employer last week in a case presenting a novel argument on sex stereotyping. The case, Sassaman v. Gamache was brought by an employee who alleged he was constructively discharged... -
Medical Residents Still Employees Under The NLRA
Posted: May 28th, 2009, 8:46am EDT by laborprof lpb
According to BNA's Daily Labor Report (subscription required; no NLRB link available yet), an NLRB Regional Director recently determined that medical interns and residents at New York City's St. Barnabus Hospital. The RD basically said that the NLRB's earlier Boston... -
Goldberg on Saving the EFCA Card Check
Posted: May 28th, 2009, 8:01am EDT by laborprof lpb
Congratulations to Michael Goldberg (Widener), who today published in the Philadelphia Enquirer his op-ed The Way to Save Card Check. Here's a brief excerpt: But if supporters of card check hope to make it acceptable to moderates like [Democratic Senators... -
Recently Published Scholarship
Posted: May 28th, 2009, 7:51am EDT by laborprof lpb
Articles Rachel S. Arnow-Richman, Employment as Transaction, 39 Seton Hall Law Review 447 (2009). Stephen Lee, Private Immigration Screening in the Workplace, 61 Stanford Law Review 1103 (2009). Minna J. Kotkin, Diversity and Discrimination: A Look At Complex Bias, 50... -
Call for Essays on Dispute Resolution
Posted: May 27th, 2009, 8:42pm EDT by laborprof lpb
James Boskey ADR Writing Competition Sponsored by The ABA Section of Dispute Resolution in association with the Saltman Center for Conflict Resolution of UNLV Boyd School of Law and Penn State Dickinson School of Law. Purpose of the Boskey ADR... -
Cert Petition Challenging Two-Member NLRB Decisions
Posted: May 27th, 2009, 1:02pm EDT by laborprof lpb
The first cert petition coming out of the recent circuit split over the validity of two-member NLRB decisions has arrived. In New Process Steel, the Seventh Circuit held that the two-members decisions were valid which, along with an earlier First... -
Hirsch, Finkleman, Wasserman on NPR
Posted: May 27th, 2009, 5:29am EDT by laborprof lpb
Congratulations to Jeff Hirsch (Tennessee), Paul Finkelman (Albany), and Howard Wasserman (Florida Int'l) who are on this morning's NPR story Looking Back at Sotomayor's 1995 Baseball Ruling by Ari Shapiro. Here's the beginning of the story: President Obama has nominated... -
Moss On Criticism Of Sotomayor
Posted: May 26th, 2009, 8:13pm EDT by laborprof lpb
Scott Moss (Colorado) has an op-ed piece in Politico called, "The Case Against The Case Against The Sonia Sotomayor Nomination." Among the topics Moss addresses is Sotomayor's joining in the Ricci case and some of her other employment decisions: Critics... -
GM's New Owners
Posted: May 26th, 2009, 1:46pm EDT by laborprof lpb
With GM looking like it will file for bankruptcy soon, the New York Times is reporting on a tentative deal to restructure the company. Under the deal, the federal government would hold about 70% of GM shares (up significantly from... -
California Supreme Court Upholds Prop 8, but Interprets It Narrowly
Posted: May 26th, 2009, 11:51am EDT by laborprof lpb
The California Supreme Court's Proposition 8 opinion came out today, and the opinoin, Strauss v. Horton, is an interesting and lengthy exercise in line drawing. The court upheld the proposition, but to do so, construed the meaning of the language... -
Obama Nominates Sotomayor To Supreme Court
Posted: May 26th, 2009, 8:06am EDT by laborprof lpb
President Obmama has just announced that he will nominate Judge Sonia Sotomayor, currently on the Second Circuit, to fill Justice Souter's seat on the Supreme Court. Given the excess of info we're going to be seeing about Judge Sotomayor, I'll... -
Carlson Publishes Employment Law, 2d ed.
Posted: May 26th, 2009, 5:49am EDT by laborprof lpb
. Congratulations to Richard Carlson (South Texas) on the publication of the second edition of his casebook Employment Law (Wolters Kluwer / Aspen). rb . -
Remembering ...
Posted: May 25th, 2009, 7:12am EDT by laborprof lpb
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SSRN Top-10 List of Recent Employment Labor Downloads
Posted: May 25th, 2009, 6:57am EDT by laborprof lpb
Andrew P. Morriss, William T. Bogart, Andrew Dorchak, Roger E. Meiners, Green Jobs Myths (1104). David A. Hyman, Employment-Based Health Insurance and Universal Coverage: Four Things People Know That Aren't So (484). Mitchell H. Rubinstein, Obama's Big Deal: The... -
Harris Confirmed
Posted: May 23rd, 2009, 8:37pm EDT by laborprof lpb
On Thursday, the Senate confirmed Seth Harris (formerly NYLS) as Deputy Secretary of the Department of Labor (see here for bio). Congratulations, Seth! -JH -
Bronfenbrenner's New Analysis of Employer Behavior During Union Elections
Posted: May 23rd, 2009, 12:28pm EDT by laborprof lpb
Kate Bronfenbrenner has recently released "No Holds Barred: The Intensification of Employer Opposition to Organizing" (published by American Rights at Work Education Fund and the Economic Policy Institute), which takes an updated look at employer attempts to resist organizing. Studying... -
California Supreme Court to Issue Prop 8 Decision Tuesday
Posted: May 22nd, 2009, 10:49am EDT by laborprof lpb
The California Supreme Court's website announces: The California Supreme Court has announced that it will issue an opinion in three cases challenging the constitutionality of Proposition 8 at 10 a.m. on Tuesday, May 26, 2009. (Strauss v. Horton, S168047; Tyler... -
Workplace Prof Moves for 2009-2010
Posted: May 22nd, 2009, 9:17am EDT by laborprof lpb
It's time for this year's edition of Workplace Prof Faculty moves (2009-2010) (see here for last year's). Please let us know via the comment section or email (jhirsch@utk.edu) what we missed. Entry Level Hires Ariana Levinson (visiting Louisville) to Louisville... -
Program on Free Speech in the Workplace
Posted: May 21st, 2009, 8:56pm EDT by laborprof lpb
On June 3, Albany Law School will host, along with the local LERA chapter, a program entitled "How Free is Workplace Speech." Information on the program, including registration, may be found here. According to the announcement: The program will include... -
UAW Reaches a Deal With Treasury on GM Contract
Posted: May 21st, 2009, 9:55am EDT by laborprof lpb
CNN Money is reporting that the UAW agreed to a deal on the contract with GM that might keep GM out of bankruptcy. Although there are no details yet, it is expected that the deal is similar to deals made... -
No En Banc Review of Northeasten Land Services
Posted: May 21st, 2009, 6:27am EDT by laborprof lpb
Yesterday, the First Circuit denied the employer's motion for rehearing and rehearing en banc in Northeastern Land Services, the case in which the court (with little discussion) upheld the validity of the NLRB's two-member decisions. Given the circuit split on... -
Fisk and Malamud on the NLRB as a Policymaker
Posted: May 20th, 2009, 8:20pm EDT by laborprof lpb
Catherine Fisk (Irvine) and Deborah Malamud (NYU) have just put on SSRN their article, "The NLRB in Administrative Law Exile: Problems with its Structure and Function and Suggestions for Reform," forthcoming in the Duke Law Journal. The abstract: This article,...