Employment Law Updates

Featured Expert Legal Commentary

Hosanna-Tabor Evangelical Church v. EEOC: Supreme Court Confirms Ministerial Exception to Employment

By Jeremy J. Gray of Zuber & Taillieu

The Supreme Court recently confirmed the applicability of the ministerial exception found under the First Amendment in precluding the application of employment discrimination laws to ministers. In Hosanna-Tabor Evangelical Church and School v. EEOC, 132 S.Ct. 694 (2012), the Supreme Court used the ministerial exception to preclude a minister’s claim… More...

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First Circuit Upholds Two-Man Quorum of NLRB and Rejects Confidentiality Rule of Northeastern Land Services

Northeastern Land Services v. National Labor Relations Board  |  No. 08-1878  |  U.S. Court of Appeals for the First Circuit  |  3/13/2009

Holding: In this employment case of first impression, the U.S. Court of Appeals for the First Circuit upheld the authority of the National Labor Relations Board (“NLRB,” or “Board”) to issue a decision by only two of its five members. In this case, petitioner Northeastern Land Services, Ltd. (“NLS”) had appealed… More...

Third Circuit: Muslim Cop Not Allowed to Wear Religious Scarf on the Job

Webb v. City of Philadelphia  |  No. 07-3081  |  U.S. Court of Appeals for the Third Circuit  |  4/7/2009

Holding: In this employment discrimination case, the U.S. Court of Appeals for the Third Circuit has ruled that a Muslim officer working in the City of Philadelphia Police Department should not be allowed to wear her religious head scarf while on duty. The Third Circuit sustained appellee City’s argument that if… More...

Supreme Court Requires Unions to Arbitrate ADEA Claims, Reversing 30-Year Labor Law Precedent

14 Penn Plaza LLC, et al. v. Pyett et al.  |  No. 07-581  |  U.S. Supreme Court  |  4/1/2009

Holding: Reversing a 30-year labor law precedent, the U.S. Supreme Court has ruled that collective bargaining agreements requiring union members to arbitrate Age Discrimination in Employment Act (“ADEA”) claims are enforceable. In so ruling, the Supreme Court departed from the well-established principle regarding the enforceability of arbitration provisions in collective bargaining… More...

Tenth Circuit: Oklahoma Laws Allowing Employees to Keep Guns in Parking Lot Valid

ConocoPhiilips v. Henry  |  No. 07-5166  |  U.S. Court of Appeals for the Tenth Circuit  |  2/18/2009

Holding: The U.S. Court of Appeals for the Tenth Circuit has upheld the validity of the Oklahoma Self-Defense Act (“OSDA”) and the Oklahoma Firearms Act (“OFA”), laws that allow employees to store their guns in their vehicles on company parking lots. In particular, the Tenth Circuit disagreed with the holding of… More...

Ill District Court: EEOC’s ADA Suit to Proceed Sans Employee’s Disability Availments

EEOC v. Autozone, Inc.  |  No. 07-1154  |  U.S. District Court for the Central District of Illinois  |  2/24/2009

Holding: The U.S. District Court for the Central District of Illinois has determined that a suit by the Equal Employment Opportunity Commission (“EEOC”) brought on behalf of a disabled sales manager (John Shepherd) could still proceed, even though the employee had already availed of Social Security benefits. In so doing, the… More...

Third Circuit Dismisses Agere’s Appeal to Overturn Jury Award

Eshelman v. Agere Systems Inc.  |  No. 05-4895  |  U.S. Court of Appeals for the Third Circuit  |  1/30/2009

Holding: In a suit brought under the Americans with Disabilities Act (“ADA”), the U.S. Court of Appeals for the Third Circuit upheld a jury award of $200,000 against Agere Systems, Inc. in an employment discrimination case filed by Joan Eshelman. In her suit, Eshelman claimed that she was terminated because Agere… More...

Seventh Circuit Allows EEOC to Continue Discrimination Probe Against Watkins Motor Lines

EEOC v. Watkins Motor Lines, Inc.  |  No, 08-2483  |  U.S. Court of Appeals for the Seventh Circuit  |  1/23/2009

Holding: The U.S. Court of Appeals for the Seventh Circuit has ruled that the Equal Employment Opportunity Commission (“EEOC”) can still proceed with its investigation on Watkins Motor Lines, Inc. (“Watkins”) although the company has already settled with the person (Lyndon Jackson) who filed the complaint for discrimination. Citing court precedent,… More...

Fifth Circuit: Per Diem Payments Part of Wages Under Longshore Act

B & D Contracting v. Pearley  |  No. 07-60495  |  U.S. Court of Appeals for the Fifth Circuit  |  11/6/2008

Holding: In this petition for review, the U.S. Court of Appeals for the Fifth Circuit held that "wages" under the Longshore and Harbor Workers' Compensation Act ("LHWCA") are not limited to taxable compensation. The Fifth Circuit reasoned that the plain text of § 2(13) defines wages as the "money rate at… More...

Supreme Court: Anti-Retaliation Rule Protects Employees under Company Investigation

Crawford v. Metropolitan Government of Nashville and Davidson County  |  No. 06-1595  |  Supreme Court  |  1/26/2009

Holding: The U.S. Supreme Court has unanimously ruled that workers who cooperate with their employers' internal investigations of discrimination may not be fired in retaliation for implicating colleagues or superiors. In overturning a decision by the U.S. Court of Appeals for the Sixth Circuit, the Supreme Court stated that it is… More...

PA Court Affirms Arbitrator's Award to Halliburton Worker in Sex Harassment Suit

Edward Harris v. Kellogg Brown & Root Technical Services Inc.  |  No. 08-2995  |  U.S. District Court for the Eastern District of Pennsylvania  |  12/1/2008

Holding: The U.S. District Court for the Eastern District of Pennsylvania has affirmed an arbitrator's award in favor of a former Halliburton worker who claimed he was fired from a job in Iraq because of a sexual harassment complaint that the company did not actually investigate. The arbitrator awarded plaintiff Edward… More...

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Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

Hosanna-Tabor Evangelical Lutheran Church and School

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

Autozone, Inc.

Southwestern Bell Video Services, Inc.

Temco Service Industries, Inc.

SBC Telecom, Inc.

14 Penn Plaza LLC

SBC Services, Inc.

City of Philadelphia

Pacific Telesis Group

Pacific Bell Telephone Co.

Northeastern Land Services, Ltd. d.b.a. NLS Group

Pacific Bell Information Services

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Advanced Solutions, Inc.

Gold’n Plump Poultry, Inc.

Cardone Industries, Inc.

The Work Connection

Pitt-Ohio Express, Inc.

Lehigh Valley Physicians Business Services, Inc.

BVP, LLC d.b.a. Big Vanilla Pasadena

Lehigh Valley Health Services, Inc.

N.F.A.C., Inc. d.b.a. Big Vanilla Athletic Club

Huron Valley Ambulance, Inc.

J.C. Penney Corp.

Wal-Mart Stores, Inc.

American Insurance Co.

Murphy Ford Inc. d.b.a. Murphy Ford Lincoln Mercury Murphy Ford Inc.

City of Chicago

United Airlines, Inc.

Reliance Standard Life Insurance Co.

Equal Employment Opportunity

New Process Steel L.P.

The Star Tribune Company

National Labor Relations Board

Scolari's Warehouse Markets, Inc. d.b.a. Scolari's Food and Drug

Rent-A-Center West, Inc.

EGL, Inc.