With a slow post-Fourth of July news week and the recent end of the Supreme Court term, I first wanted to touch on an international article that shows the U.S. does not have a monopoly on failing to protect employee’s rights. The European Court of Justice recently ruled that Italy…
Yesterday, the Supreme Court issued two important decisions that narrowed the scope of Title VII. In the first case, University of Texas Southwestern Medical Center v. Nassar, the Court held retaliation claims to a higher standard of proof, while in Vance v. Ball State University, the Court narrowly described who qualifies as a supervisor. In Nassar,…
First up, the Third Circuit has become the second federal appeals court (following the D.C. Circuit) to rule that President Obama’s recess appointments to the NLRB were invalid, and that therefore some Board actions taken in the wake of those appointments were also invalid for lack of a valid quorum. …
FMLA Second and Third Opinions; Supreme Court limits ability of plaintiffs to fight CAFA removal Our first article looks at the increased use of second and third medical opinions by employers in an attempt to curtail abuse and manipulation of the FMLA by employees. If an employer doubts the validity…
Justice Ginsburg’s ruling allowed a lawsuit filed by Connecticut pension funds against Amgen to proceed. The suit alleges that Amgen assured investors about the safety of anti-anemia drugs Aranesp and Epogen even while clinical trial were raising doubts about the safety of the drugs. The funds state that this representation…
A recent Supreme Court Decision looked at the intersection to two hot legal topics: noncompete agreements and arbitration clauses. The case, Nitro-Lift Technologies LLC v. Howard, examined whether an arbitration clause was enforceable when the underlying noncompete clause would be invalid under the law of the state where the contract was…
Here are a few links to some interesting stories from the last week. There are a couple of articles about interesting developments in the world of pension funds, as well as analysis of a recent Supreme Court oral argument and new EEOC strategy documents. On the EEOC front, EEO Legal…