Category Uncategorized

Young v. United States Parcel Service

By Andrea De Leon In Young v. United States Parcel Service, Inc., the Supreme Court of the United States was tasked with deciding whether the Pregnancy Discrimination Act (PDA) requires an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar, but not pregnancy-related, work limitations. […]

Pacific Lutheran University, 361 NLRB No. 157 (2014)

By Nicholas Gleichman In its analysis, the National Labor Relations Board restructured its standard for evaluating when to assert jurisdiction over colleges and universities holding themselves out as religious institutions. See N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490 (1979). Additionally, the Board considered the level of control that faculty members need to exert […]

Massachusetts becomes Fourth State to Sign Domestic Workers’ Bill of Rights into Law

BY Christopher Valencia On July 2, 2014, Governor Deval Patrick signed the Massachusetts Domestic Workers’ Bill of Rights into law. See Massachusetts Bill of Rights, National Domestic Workers Alliance, http://www.domesticworkers.org/mass-bill-of-rights (last visited Nov. 17, 2014). Under the new law, a domestic worker is defined as “an individual or employee who is paid by an employer […]

Colbert v. Department of Veterans Affairs: A Finding of Whistleblowing Activity

By Berna Shamansurova A Department of Veterans Affairs employee made a nonfrivolous allegation of a protected disclosure when he disclosed facts about an allegedly improper medication distribution procedure. He also alleged that veterans were given unauthorized access to restricted hospital areas. The Merit Systems Protection Board held that disclosure was a “contributing factor of the agency’s […]

Mandated Sick Leave Debate: Is there a middle ground?

by Lorna Lunney The debate over mandatory sick leave continues to challenge state and city governments across the country. Most recently, Philadelphia fell one vote short for mandatory sick days leaving 180,000 workers without the benefit. This vote followed the second time Mayor Nutter vetoed a bill that would allow hourly workers without earned sick […]

EEOC Files First Lawsuits to Protect Rights of Transgender Workers

EEOC Files First Lawsuits to Protect Rights of Transgender Workers by Kathryn Kimball In September, the Equal Employment Opportunity Commission (EEOC) filed the first lawsuits seeking to protect the rights of transgender workers under the Civil Rights Act of 1964. The two cases are similar but were filed in different federal courts – one in […]

APPLY TO BE ON THE LABOR & EMPLOYMENT LAW FORUM!

Hello Labor and Employment Staff Members! I hope your semester is off to a wonderful start! The Editorial Board just had its first meeting this week, and here are some upcoming events and deadlines for those interested. We are looking for members who want to be come involved with LEF. First off, we are looking […]

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 […]

Effects of the Government Shutdown on Workers, the Economy, and Morale

Effects of the Government Shutdown on Workers, the Economy, and Morale http://ow.ly/pJVDQ