Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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“The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction

It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of lastScreen Shot 2017-03-23 at 6.09.47 PM year’s corn...more

3/24/2017 - Commercial Truck Drivers Employer Liability Issues Hiring & Firing Trucking Industry

It’s OFCCP Audit Time! Six Questions Contractors Should Ask Themselves

Starting February 17, the Office of Federal Contract Compliance Programs began mailing Corporate Scheduling Announcement Letters to approximately 800 contractor establishments. CSALs are notices sent to contractors advising...more

3/23/2017 - Affirmative Action Audits CSALs Federal Contractors OFCCP

“Free To Be . . . You And Me”: The 11th Circuit’s Strange LGBT Decision

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more

3/17/2017 - EEOC Employer Liability Issues LGBT Sex Discrimination Sexual Orientation Discrimination Title VII

“HR Horribles” — Collect ’em all!

Remember the Garbage Pail Kids from the ’80s? I have had an inspiration that will make my fortune! I’m going to create a set of collectible “HR Horribles”™ trading cards, representing the employees who make Human Resources...more

3/10/2017 - Employer Liability Issues FLSA Human Resources Professionals

Trumpdate: Beware the Ides of March!

Two Trumpian developments of interest to employers will occur on March 15, next Wednesday: Alex Acosta’s confirmation hearing is scheduled to take place that day. Mr. Acosta is President Trump’s nominee for Secretary of...more

3/10/2017 - Secretary of Labor Travel Ban TRO Trump Administration

EEOC Asks Court To Throw Out Wellness Lawsuit Filed By AARP

I’ve written about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and...more

3/3/2017 - AARP ADA EEOC GINA Wellness Programs

Is Siri A Victim And A Cause Of Sexual Harassment?

The next time employers offer sexual harassment training, they might want to require employees to bring their mobile devices. According to Leah Fessler, virtual assistants Siri (Apple), Alexa (Amazon), Cortana...more

3/3/2017 - Harassment Mobile Devices Sexual Harassment

Trumpdate: What’s in Ivanka’s “paid family leave” plan?

President Trump’s address to Congress last night didn’t have much on labor and employment issues, apart from the creation of jobs (which is no small thing and would be awesome if it pans out). But he did mention “paid...more

3/1/2017 - Ivanka Trump Paid Family Leave Law Trump Administration Wage and Hour

Queen For A Day: If I Ran The World, Would I Scrap Our Employment Laws?

For those of you who don’t know Mr. Olson, he’s a libertarian. :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for...more

2/24/2017 - ADEA Age Discrimination FLSA Hiring & Firing NLRA

Trumpdate: Tons of employment-related stuff!

The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good...more

2/24/2017 - DOL EEOC Executive Orders NLRB Over-Time Secretary of Labor Trump Administration Wage and Hour

That Smarts! Porn “Sting” Operation Gets Employer “Stung” For Retaliation

This should have been an open-and-shut case. For the employer, that is, not the employee. Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a...more

2/17/2017 - Employer Liability Issues Hiring & Firing Retaliation

Presenting The New Nominee For Secretary Of Labor: Alexander Acosta

President Trump’s new nominee for Secretary of Labor is R. Alexander Acosta, dean of the law school of Florida International University in Miami. Before he became a law school dean, Mr. Acosta’s experience included heading...more

2/17/2017 - Nominations Secretary of Labor Trump Administration

BREAKING: Puzder expected to withdraw!

Bloomberg BNA reports this afternoon that Andrew Puzder, President Trump’s nominee for Secretary of Labor, IS going to withdraw from consideration. Please stay tuned! UPDATE (4:12 p.m. EST): It’s now official....more

2/16/2017 - DOL Secretary of Labor Trump Administration

Trumpdate: What Do You Think About Andrew Puzder And His “Scandals”?

The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can...more

2/15/2017 - DOL Secretary of Labor Trump Administration Wage and Hour

5 ways to ensure your workplace Valentine doesn’t break your heart — or get you fired

This time of year, I am a total bleeding heart. Unlike most of my fellow employment law bloggers, I love Valentine’s Day, and I don’t have much of a problem with consensual workplace relationships between unmarried...more

2/10/2017 - Sexual Harassment Valentine's Day Workplace Romances

Trumpdate: Court refuses to stay TRO against travel ban, Puzder hearing scheduled

Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration’s motion to stay the temporary restraining order issued by a federal judge in Seattle. This means that the TRO, which...more

2/10/2017 - Secretary of Labor Travel Ban TRO Trump Administration

There Goes Another One! Missouri Right-To-Work Legislation Signed Into Law.

The State of Missouri has now become our 28th right-to-work state, following closely after Kentucky, which took the leap about a month ago. The Missouri bill was signed into law yesterday by Republican Gov. Eric...more

2/8/2017 - Governor Greitens New Legislation Right to Work Union Dues Unions

Daily* Trumpdate: Live stream the oral argument in Trump “travel ban TRO” appeal

*EDITOR’S NOTE: This “daily” stuff has now officially become “more or less — maybe once a week, anyway.” For background on the immigration issue, please see this bulletin and this follow-up, both by Will Krasnow and...more

2/7/2017 - Appeals Executive Orders Travel Ban TRO Trump Administration

An FMLA Cautionary Tale For Employers.

A jury socked it to a Wisconsin employer last year in a Family and Medical Leave Act case, and the U.S. Court of Appeals for the Seventh Circuit recently affirmed. Well, I take that back. The Seventh Circuit didn’t...more

2/3/2017 - Employee Rights Employer Liability Issues FMLA Wage and Hour

Daily Trumpdate: Gorsuch Seems To Care About Real People

President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron...more

2/3/2017 - Chevron Deference EEOC Neil Gorsuch Nominations SCOTUS Trump Administration

Daily Trumpdate: It’s Neil Gorsuch! Puzder Postponed Perpetually?

It’s Neil Gorsuch! President Trump’s nominee for the Supreme Court was Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. If you watched the announcement on TV last night, you already know about his...more

2/2/2017 - Affordable Care Act Judicial Appointments Neil Gorsuch RFRA Trump Administration

Daily Trumpdate: Must-See TV, LGBT Protections Here To Stay, ICE To Harden?, Best Way To Less Regulation

Must-see TV! President Trump said last night that he would be announcing at 8 p.m. EST tonight his nominee for the U.S. Supreme Court vacancy that was created by the death of Justice Antonin Scalia. You have to hand it to the...more

2/1/2017 - Executive Orders ICE LGBT Trump Administration

Daily Trumpdate: Rough times for Puzder?

The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, has been postponed yet again – now it’s scheduled for Tuesday, February 7. According to the Washington Post, Mr. Puzder has...more

1/30/2017 - Secretary of Labor Trump Administration

Daily Trumpdate (Part Deux): Philip Miscimarra named NLRB chair

Law360 has just reported that President Trump has appointed Philip A. Miscimarra, the only current Republican member of the National Labor Relations Board, as Acting Chairman of the NLRB, replacing Mark Gaston Pearce....more

1/27/2017 - NLRB Trump Administration

Daily Trumpdate: DOL Requests Extension In Overtime Case

Dum-da-dum-dum! Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards...more

1/27/2017 - DOL Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

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