by Jay Shannon, 2013-2014 Co-Editor-in-Chief The Supreme Court’s recent foray into the rights of gays and lesbians under the U.S. Constitution has catapulted the issue to the forefront of legal discussion. Noticeably absent in many publicized conversations is the impact of existing law on our current labor market in the United States. The Court’s rulings … Continue reading
Earlier this year, the National Labor Relations Board (NLRB) held in D.R. Horton that a class action waiver that required, as a condition of employment , the employee to waive his rights to class-action litigation while simultaneously waiving his rights to class-action arbitration was illegal under the National Labor Relations Act (NLRA). The NLRB opined … Continue reading
After the Wal-Mart v. Dukes class action suit was shot down by the Supreme Court in June 2011, there were founded concerns that class actions based on retail or customer service employees’ policies were in peril. On Friday, an Illinois federal judge validated a class of plaintiffs, consisting of tipped employees of the Applebee’s franchise, … Continue reading
The U.S. Supreme Court for the first time has declared that the Constitution exempts ministers from the nation’s anti-discrimination laws. Wednesday’s decision was unanimous and groundbreaking — but it left unresolved some of the thorniest questions in determining who is a minister and who is not. The court’s ruling came in the case of Cheryl … Continue reading
On January 11, 2012 the Supreme Court heard oral argument in Coleman v. Maryland Court of Appeals about considering whether states can avoid financial liability for “self-care” claims under the federal Family and Medical Leave Act (FMLA). Daniel Coleman, an African-American male who was employed by the Maryland state court system, alleged he was discriminated … Continue reading
