Labor & Employment Administrative Agency Constitutional Law

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Supreme Court Update: Perez V. Mortgage Bankers ASS'n (13-1041), Dep't Of Transportation V. ASS'n Of American Railroads (13-1080)...

It's been a great week for admin-law junkies; maybe not so much for the D.C. Circuit, which suffered two unanimous reversals in Perez v. Mortgage Bankers Ass'n (13-1041) and Dep't of Transportation v. Ass'n of American...more

High Court Sides with DOL, Holding that Agencies May Flip-Flop on Regulatory Interpretations Without Engaging in...

In June, we wrote that the U.S. Supreme Court agreed to address whether a federal agency (in this case, the Department of Labor) must engage in formal notice-and-comment rulemaking in order to significantly alter its...more

Illinois Supreme Court Agrees to Decide Breadth of Misconduct Exception for Unemployment Benefits

In the closing days of its January term, the Illinois Supreme Court agreed to hear a case from Division 5 of the First District, Petrovic v. The Department of Employment Security. Petrovic presents an interesting issue on the...more

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more

Bill 3 Amendments to Alberta's Privacy Legislation Now in Force

Amendments to Alberta's Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta's...more

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

Illinois Supreme Court Debates Scope of Whistleblower Statute

During the September term, the Illinois Supreme Court debated an important question about the scope of the state Whistleblower Act: does a plaintiff state a claim under the statute by alleging that the defendant falsified...more

Indiana Supreme Court Upholds Right to Work Law

The Indiana Supreme Court has reversed a July 2014 ruling by Lake Superior Court Judge John M. Sedia that two provisions of the Indiana Right to Work (RTW) law are unconstitutional. In a 5-0 decision, written by Justice...more

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

Health Care Reform Implementation Update - July 2014

Last week the Senate debated a bill to reverse the Supreme Court’s contraception mandate decision, a group of House Republicans introduced a bill to replace Affordable Care Act (ACA) cuts to the Medicare home health benefit...more

What Has Fahlen Wrought?

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now [Video]

The Supreme Court in Lawson vs FMR, LLC (delivered March 4, 2014 after a 6-3 vote) has ruled that employees of private companies engaged by public companies are covered by the whistleblower protections of Sarbanes-Oxley Act...more

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

Second Circuit Holds That New York City Commission On Human Rights’ Procedures Satisfy Constitutional Due Process

Rosu v. City of New York, No. 13-cv-243 (2d Cir. Feb. 7, 2014): Underlying this case, Mircea Rosu filed a complaint with the New York City Commission on Human Rights alleging that his manager and coworkers discriminated...more

Illinois Supreme Court Debates Jurisdiction Over Pension Dispute

The Illinois Supreme Court seemed conflicted during an extremely active oral argument in late January in the high-profile pension case People ex rel. Madigan v. Burge. Burge poses the following issue: can the Attorney General...more

Illinois Supreme Court Handing Down Bartlow and Evanston Insurance on Friday Morning

The Illinois Supreme Court has announced that it will file opinions in two civil cases on Friday morning at 10 a.m. The cases and issues presented are...more

Must-Be-Employed Job Ads Banned in NJ

The New Jersey Appellate Division recently upheld a New Jersey law that bans employers from stating in a job advertisement that applicants must be employed elsewhere in order to be considered for employment. The law was...more

California Court Clarifies Controversial Questions About Medical Staff Peer Review Decisions and the Power of Hospital Boards

Two recent California Court of Appeal opinions decide issues of first impression in the medical staff peer review arena, helping to resolve questions that have long been uncertain and controversial. In the first of the two...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

Illinois Supreme Court to Debate Constitutionality of Labor Department Fines

Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in Bartlow v. Costigan. Bartlow isa facial constitutional challenge to the system of administrative fines administered by the Illinois Department...more

You've Got Mail! The EEOC's Latest Investigation Tactic Could Be Coming to Your Corporate Inboxes

In the past few years federal agencies such as the Equal Employment Opportunity Commission (EEOC) have intensified their investigation and enforcement tactics....more

Illinois Supreme Court to Review Jurisdiction of Circuit Courts Over Pension Disputes

In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a...more

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a...more

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