Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Latest Publications


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

Workplace Harassment: EEOC’s Employer Best Practices

How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do? This is my third and final installment on the proposed...more

1/27/2017 - Best Practices EEOC Employer Liability Issues Harassment Sexual Harassment

Victoria Lipnic named as acting chair of EEOC

Law360 reported yesterday that Victoria Lipnic, who has served as one of the two Republican Commissioners of the Equal Employment Opportunity Commission during the Obama Administration, has been appointed by President Trump...more

1/26/2017 - EEO-1 EEOC Sexual Orientation Discrimination Trump Administration

Daily Trumpdate: The 4 known SCOTUS contenders

President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia. According to most...more

1/25/2017 - Justice Scalia SCOTUS Trump Administration

Daily Trumpdate: Good Meeting With Union Reps

President Trump met yesterday with representatives of a number of unions, and according to everyone involved, the meeting went well. It didn’t hurt matters that the President had withdrawn from the Trans-Pacific Partnership...more

1/25/2017 - Trans-Pacific Partnership Trump Administration Unions

Trump Quickies: Regulatory Freeze, “Listening Session” With Unions, Puzder Status

We’ll try to keep you up to date with the latest labor and employment law news from the Trump Administration via a series of mini-posts as news develops. According to Politico‘s Morning Shift, “President Trump ordered...more

1/24/2017 - DOL Preliminary Injunctions Secretary of Labor Trump Administration Wage and Hour White-Collar Exemptions

9 “Fun” Facts About Workplace Harassment, From The EEOC

Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment. Well, this is warm-and-fuzzy week. Moving on to the parts...more

1/20/2017 - EEOC Employer Liability Issues Harassment Sexual Harassment

Nitpicking the EEOC’s Proposed Guidance on Harassment

This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from...more

1/13/2017 - Comment Period EEOC Sexual Harassment Transgender

Kentucky Goes Right-To-Work

Kentucky became the 27th right-to-work state on Saturday. The legislation was passed by the Republican majority in the legislature, with no Democratic support. Republican Gov. Matt Bevin signed the bill on Saturday, and he’s...more

1/10/2017 - Right to Work Union Dues Unions Wage and Hour

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