When the Supreme Court ruled on Epic Systems v. Lewis on May 21, 2018, they altered how cases involving collective action would play out. We are currently seeing the results of the Court’s decision in the case of Turner et al v. Chipotle Mexican Grill, Inc. Continue reading
Judge Brett Kavanaugh will likely have his confirmation hearing in the near future. The media has spent many news cycles and think pieces addressing hot-button topics including his views on Roe v. Wade, Obergefell v. Hodges, and investigations into the Executive Branch. These are all important issues, but for the sake of this blog, we care about how he will rule on labor- and employment-related matters. Continue reading
The Third Circuit has updated its decision on transgender bathroom policies, which we discussed previously here. The precedential opinion, which was filed on June 18, was revised on July 26 to take a softer stance on whether the decision to require transgender students to use separate, single-stall bathrooms violates federal law. The same panel that issued the original decision issued the revised decision and denied allowing the case to be reheard with a full court. The attorneys for the students have two weeks to renew their request. The attorneys argue that the first ruling—among other things—conflated gender and sex, and ignored long-standing precedent regarding sexual harassment and bodily privacy. This case is a contentious one, with Circuit Judge Kent A. Jordan, joined by Judges Michael Chagares, Thomas Hardiman, and Stephanos Bibas, writing a strongly worded dissent recommending that the Third Circuit rehear the case en banc, meaning that every judge sitting on the appellate court would be asked to hear and rule on the matter. We will monitor the situation and keep you apprised of any updates to this case.
On June 21 the Trump administration announced its proposal to merge the Department of Labor and the Department of Education into one overarching department. Mick Mulvaney, the White House Budget Director, said that Ivanka Trump’s emphasis on workforce training was the inspiration behind the proposed merger. Mulvaney said in statement that the departments are, “doing the same thing.” Continue reading
Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading
Last week, the U.S. Supreme Court issued its landmark decision in Janus vs. AFSCME. The opinion prohibits public employers from collecting fair share fees from employees who have refused to join a union. In the aftermath of Janus, public employers need to be taking immediate steps to stop any such deductions. They also need to prepare for current union members who may seek to revoke any authorization that they had previously provided. Continue reading
The U.S. Supreme Court ruled today that public sector employees cannot be forced to pay “fair share” fees if they refuse to join a union. This decision impacts all Delaware public sector employers, employees, and unions. Continue reading