Truck drivers: Employees or independent contractors?
Here’s a little bit of law and a little bit of journalism. The Atlantic has an article – Truck Stop: How One of America’s Steadiest Jobs Turned Into One of Its Most Grueling – explaining how the...
View ArticleDefendant beats EEOC (partly) in SCOTUS attorney’s fees case
CRST Van Expedited, Inc. v. EEOC (US Supreme Court 05/19/2016): After CRST fended off a Title VII suit brought by the EEOC and recovered over $4 million in attorney’s fees in the District Court, the...
View ArticleWaiting on three decisions from SCOTUS
We’re watching for three more employment law decisions from the US Supreme Court before they finish their work in June. Encino Motorcars, LLC v. Navarro Issue: Whether “service advisors” at car...
View ArticleSCOTUS clarifies constructive discharge limitations period
The US Supreme Court today held that a federal employee’s 45-day limitations period for a constructive discharge claim begins running only after an employee resigns. Green v. Brennan (US Supreme Court...
View ArticleSCOTUS: No Chevron deference to DOL’s oscillating regulation
The Supreme Court didn’t tell us whether car dealership “service advisors” are exempt from FLSA’s overtime provisions, but the Court did remind us that deferral under Chevron U.S.A. Inc. v. Nat. Res....
View ArticleSCOTUS will decide President’s power to appoint NLRB Acting General Counsel
Once again the Supreme Court will examine the President’s power to make high-level appointments without Senate confirmation, and once again it is the NLRB that lands in the cross-hairs. NLRB v. SW...
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SCOTUS: Choctaws win jurisdictional battle
Splitting 4-4, the US Supreme Court affirmed the 5th Circuit’s judgment that an Indian tribal court has jurisdiction over an intern’s claim that the manager of a store on tribal land sexually molested...
View ArticleTop 10 US Supreme Court employment law decisions
Ten US Supreme Court decisions caught our eye during the 2015-2016 session that ended today, and two of them were 4-4 “nondecisions.” Friedrichs v. California Teachers Association upheld the 9th...
View ArticleFinal curtain: Rehearing denied in Friedrichs
In its last act before adjourning for the summer, the US Supreme Court denied a rehearing in Friedrichs v. California Teachers Association [Decision] [Denial of rehearing]. The 4-4 decision on March 29...
View ArticleBankruptcy and unpaid wage claimants reach the Supreme Court
Unsecured creditors got all the goodies in a bankruptcy even though laid-off truck drivers had a higher priority under the U.S. Bankruptcy Code. Why is that? Jevic Transportation filed a Chapter 11...
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