Tag: Supreme Court

New FMLA Rules Coming Soon

The U.S. Department of Labor, which enforces the Family and Medical Leave Act (FMLA), has announced that it will soon publish—by June 2006—a new rule conforming the department’s regulations to recent court decisions concerning the FMLA.

Supreme Court Sides with Workers in FLSA Wage Dispute

The U.S. Supreme Court yesterday ruled unanimously that the Fair Labor Standards Act requires employers to pay workers who are required to don protective gear on the employer’s premises for the time it takes the employees to walk between the changing and production areas. The court also decided, however, that employers need not compensate employees for […]

Sexual Harassment: High Court Clarifies Law on Constructive Discharge in Harassment Cases; Lawsuit Prevention Strategies

The U.S. Supreme Court has ruled that a constructive discharge—in which the work environment becomes so intolerable that an employee is forced to quit—can amount to an adverse employment action in a hostile environment sexual harassment case. And, depending on the circumstances, you could be held automatically liable in this situation if the harasser is […]

Disciplinary Meetings: NLRB Revokes Nonunion Employees’ Right to Representation During Investigatory Interviews; Practical Impact

In 1975, the U.S. Supreme Court in the case of National Labor Relations Review Board (NLRB) v. Weingarten gave workers the right to bring a union representative to an investigatory interview conducted by the employer. Following that decision, the NLRB flip-flopped on whether nonunion workers also had these so-called “Weingarten rights”—specifically, whether they could have […]

Unions: Workers’ Weingarten Rights Are Expanded; What You Need to Know About Representation During Investigations

Under the U.S. Supreme Court’s 1975 Weingarten rule, employees have the right to have a union representative present at any investigatory meeting they reasonably believe could result in disciplinary action. In a 2001 case, the National Labor Relations Board (NLRB) further clarified employees’ Weingarten rights by ruling that employees have the right to a representative […]

Disability Discrimination: Long-Running Case Involving Refusal to Rehire Recovering Addict Demonstrates How Questionable Decision Continues to Haunt Company

Nearly two years ago, we began reporting on a lawsuit involving Hughes Missile Systems’ decision not to rehire an employee terminated for reporting to work under the influence. The question of whether the decision violated the Americans with Disabilities Act (ADA) went to the U.S. Supreme Court, which sent the case back to the Ninth […]

News Notes: High Court Extends Deadline For Some Race Claims

  The U.S. Supreme Court has clarified that employees have four years rather than two to file bias claims under the Civil Rights Act of 1866, 42 U.S.C. Section 1981, which prohibits race bias in employment relationships. The decision makes it easier for employees to file such claims. The case involved a group of African-American […]