Author Archives: aulaborlawforum

EEOC Issues Guidance on Criminal Background Checks

The EEOC issued Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 in April of 2012, in light of significant recent rulings against employers related to criminal background checks. The guidance does not prohibit criminal background checks, but rather it requires […]

Weeks v. 735 Putnam Pike Operation

The Supreme Court of Rhode Island held that the language in the collective bargaining agreement between the defendant employer and the plaintiff’s union was insufficiently explicit to preclude the plaintiff from seeking redress in a judicial, rather than arbitral, forum. In this case, the plaintiff appealed a superior court’s order to submit to arbitration as […]

Treaty Obligations Without Ratification? The Maritime Labour Convention Enters into Force

  The Maritime Labour Convention, 2006 (MLC), known as the “seafarers’ bill of rights,” entered into force August 20, 2013. The United States has not ratified the MLC, but will still have to apply the MLC requirements, through the “no more favourable treatment clause,” to ships flagged in ratifying countries and comply with the 14 […]

What Not to Wear: The EEOC Guides Employers on Religious Dress and Grooming Practices

by Elan Cameron On March 6, 2014, the Equal Employment Opportunity Commission (EEOC) released additional guidance on religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), specifically on issues of religious garb and grooming in the workplace. The guidance requires employers to make exceptions to their usual workplace policies to […]

“Easy” Mail Service is Hard Pill for Workers to Swallow

by John Leddy If you have ever been frustrated by not being able to purchase priority mail envelopes on a weekend or send a package from the post office after the national news, you may be a fan of the Staples pilot program the United States Postal Service (USPS) announced in October of 2013. As […]

No More “Church Plan” ERISA Exemptions for Religiously Affiliated Hospitals?

by Phoebe Ramsey  There has been a flurry of recent litigation challenging whether church-affiliated hospitals and healthcare systems’ pension plans are covered as “church plans,” and thus exempt from the requirements of the Employee Retirement Income Security Act of 1974 (ERISA), including reporting and disclosure, minimum funding, and fiduciary duty requirements. The plaintiffs in these […]

Employment Arbitration Support on the Rise

by Amy Chen Arbitration has often received controversial and mixed responses from companies, trial lawyers, labor leaders, and civil rights advocates. Employers highly value and frequently use this tool to resolve workplace disputes with their employees. Very often, as a condition of their employment, employees must waive their right to litigate and instead use arbitration […]

Are You Ready for Some (Unionized College) Football?

by Christa Pitts As a recent college graduate from an Atlantic Coast Conference (ACC) school, I completely identify with the feeling of admiration that college students have for their schools’ athletes.  In many instances, these athletes are campus celebrities–students beg for their autographs and their pictures are plastered everywhere.  But as much as I reveled […]

Attention Kmart Shoppers, Rebellion on Aisle Three

by Emily Pantoja, Editor-in-Chief Every year, it seems that retailers are opening their doors earlier and earlier for eager Black Friday shoppers braving the crowds. The day after Thanksgiving is a tradition for many people hoping to get the best deals on toys, TVs, and electronics. But for employees who work at these retailers, it […]

Labor and Employment Law Resume Review Workshop

Labor and Employment Law Resume Review Workshop On January 12, 2014, the faculty-led practice group concerned with labor and employment law will hold a resume review workshop for American University Washington College of Law students.  Each participant will be matched with a practitioner working in a particular sub-field of labor and employment law pertaining to […]

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