Highlighted Posts

Posts from June 2013.

By Michelle D. Wyrick

A quick look at the EEOC’s press releases announcing the lawsuits it has recently filed demonstrates the agency’s apparent commitment to its Strategic Enforcement Plan.  For example, the EEOC filed two lawsuits, one against a BMW manufacturing facility and one against Dollar General, alleging that the employers ...

By Emily C. Lamb and Chelsea Painter*

The Supreme Court issued rulings in more than one case on Monday, June 24, 2013.  Rulings were issued in two important employment law cases, Vance v. Ball State University and University of Texas Southwestern Medical Center v. Nassar.  These rulings further define “Supervisor” under Title VII and approve ...

By Edwin S., Hopson

On June 14, 2013, the U.S. Court of Appeals for the Fourth Circuit in South Carolina Chamber of Commerce v. NLRB,  No. 12-1757 (4th Cir. 2013) became the second federal Court of Appeals to reject the NLRB’s notice posting rule.  On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit had also invalidated the ...

The U.S. Supreme Court on June 10, 2013, issued its decision in Oxford Health Plans v. Sutter, 569 U.S. ___, No. 12-135 (2013), holding unanimously that once an arbitrator decides that a contract permits a class arbitration proceeding, the parties are bound by that decision under the Federal Arbitration Act’s very narrow scope of judicial ...

 By Sean G. Williamson*

Recently, the Kentucky General Assembly amended the Unemployment Compensation law in several respects.

KRS 341.415(1) outlines the procedures for recovery and subsequent disposition of improperly paid unemployment compensation benefits.  Act of Mar. 21, 2013, 2013 Ky. Laws Ch. 45, § 1(1) (HB 102).  Unemployment ...

By Erin Frankrone*

It may be illegal to fire employees who complain about supervisors or working conditions on Facebook and other social media sites, as such complaints probably constitute protected concerted activity.  

On April 19, 2013, the NLRB decided Design Tech. Group, 359 NLRB No. 96 (2013), and found that employees’ complaints and ...

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