Local Case of Note: DDOL Wins Summary Judgment

The Case

deptoflaborThe Third Circuit recently had the opportunity to rule on a case brought against the Delaware Department of Labor’s Office of Anti-Discrimination (“OAD”), by its former Acting Administrator. The OAD was awarded summary judgment, and the Third Circuit confirmed the award, holding that even accepting all of the employee’s allegations as true, there was no legal basis to conclude that OAD had violated the federal Equal Pay Act. Continue reading

Why the Next Supreme Court Nomination Is Important for Employment Law

Supreme CourtThe 2018 Supreme Court spring rulings were undeniably victorious for employers. Epic Systems Corp. v. Lewis ruled that workers have to abide by arbitration agreements, and that such provisions do not violate the collective bargain rights of the National Labor Relations Act.  A second, Janus v. AFSCME, ruled that public-sector unions cannot require fair share fees from workers who do not wish to join the union.  The impact of these decisions has been significant for public- and private-sector employers, nationwide. Continue reading

Life after Epic Systems: Almost 3000 Workers Are Dropped from Chipotle’s Wage Suit

chipotle picWhen 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

Just When You Thought It Was Safe to Go Back in the Water…

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.

 

What Now? Public Employer Obligations After Janus

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