This week brought three big stories that I just have not had time to cover. Thankfully, my fellow L&E bloggers are here to pick up the slack.
On Monday, the 9th Circuit permitted a monstrous sex discrimination class action lawsuit against Wal-Mart to proceed. And by monstrous, we’re talking potentially billions of dollars of exposure. For thoughts on this case, I recommend the following: The Word on Employment Law with John Phillips, California Labor and Employment Defense Blog, Class Action Defense Blog, Manpower Employment Blawg, What’s New in Employment Law?, Daily Developments in EEO Law, PointOfLaw Forum, Michael Fox’s Jottings By An Employer’s Lawyer, LawMemo Employment Law Blog, and Workplace Prof Blog.
Also on Monday, the Supreme Court held oral argument in Rent-A-Center v. Jackson, which will decide the issue of whether an arbitrator or a court should decide the threshold issue of the validity of an arbitration agreement. This decision will impact all employers that require employees to sign arbitration agreements. For thoughts on this case, I recommend the following: SCOTUSblog,Philip Miles’s Lawffice Space, How Appealing, and Fitzpatrick on Employment Law.
On Wednesday, the Supreme Court ruled in Stolt-Nielsen S.A. v.AnimalFeeds Int'l Corp., another non-employment arbitration case that has significant implications for employers. In this case, the Supreme Court held that non-parties to an arbitration agreement cannot be compelled to arbitrate their disputes in a class action. For thoughts on this case, I recommend the following: SCOTUSblog, Fitzpatrick on Employment Law, Washington D.C. Employment Law Update, The Word on Employment Law with John Phillips, Alaska Employment Law, What’s New in Employment Law?, Texas Employment Law Update, LawMemo Employment Law Blog, Workplace Prof Blog, and Michael Fox’s Jottings By An Employer’s Lawyer.
Here’s the best of the rest I read this week:
Family Responsibility Discrimination & Family Leave
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What, That Was a Request for FMLA? – from HR Daily Advisor
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Pick On Mom At Your Own Peril: The Emerging Trend Of Family Responsibilities Discrimination – from Hunton Employment & Labor Law Perspectives™
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It’s Better to Avoid Litigation Than to Win Litigation – from Arkansas Employment Law
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First Comes Love, Then Comes Marriage, Then Comes Flex-Time and a Baby Carriage – from Delaware Employment Law Blog
Labor Law
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Obama: “I’m a Pro-Union Guy”… and here are some union stereotypes – from Work in Progress
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EFCA Comes Tumbling Down – from The ChamberPost
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Waste Management’s Contract Talks Stink – from Workplace Diva
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New NLRB Issues Third Decision, First Involving Charges Against Employer – from Labor Relations Today
Pleading
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Democratic representative opposes Iqbal/Twombly bill – from PointOfLaw Forum
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Plausibly Pleading Employment Discrimination Part I, Part II, Part III, Part IV, and Part V – from Workplace Prof Blog
Wage & Hour
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Key FLSA Issues Featured in DOL’s Spring 2010 Agenda – from Prima Facie Law Blog
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An FLSA Primer – from Rob Radcliff’s Smooth Transitions
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Employee Versus Independent Contractor: EMPA – from Stephanie R. Thomas, Ph.D.
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Employer Sued for Violating RICO by Knowingly Hiring and Assisting Illegal Workers – from Fitzpatrick on Employment Law
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Gas station attendants strike oil in wage and hour lawsuit – from Sindy Warren at the Warren & Hays Employment Law Blog
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DOL Releases Semiannual Regulatory Agenda – from Washington D.C. Employment Law Update
Miscellaneous
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EEOC Expects Final GINA and Revised ADA Rules Soon – from Washington Labor & Employment Wire
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School District’s Woes from Using Webcams to Track School-Issued Laptops Should Be an Eye-Opener for Employers – from Workplace Privacy Counsel
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Handbooks: Email and Porn Forever – from The Word on Employment Law with John Phillips
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Stray Remarks Doctrine Still Lives – from San Antonio Employment Law Blog
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