Labor & Employment Constitutional Law

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Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Delays Passage of a Tax Conformity Bill - The Appropriations Committee worked on...more

Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate...

On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as...more

The Supreme Court Rules an Unaccepted Offer of Judgment Cannot Moot a Case, But What About Payment of Complete Relief?

A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case.  However, the Court left open the possibility...more

Political Apprentice At Work? You're Fired! A Guide To Surviving The Election Season At The Workplace

This presidential election cycle creates unique concerns for companies dealing with employees who wish to discuss politics at work. Regardless of what side they fall on, some of your workers could be more passionate, maybe...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

Pennsylvania Court Ends Ban on Ex-Offenders Working in Nursing Homes

The Pennsylvania Commonwealth Court recently declared that a portion of the Pennsylvania Older Adults Protective Services Act, 35 P.S. §§ 10225.101, et seq. (Act), which prohibited individuals with certain criminal...more

Mexico: Supreme Court Upholds Constitutionality of Cap on Back Wages for Employment Disputes

On January 20, 2016, Mexico's Supreme Court affirmed the constitutionality of the Federal Labor Law (FLL)’s provision allowing back wages to be capped at 12 months' compensatory damages in all employment-related lawsuits...more

México: Suprema Corte de Justicia de la Nación resuelve sobre constitucionalidad de limitar salarios caídos en juicios laborales

El 20 de enero del año en curso, se resolvió en sesión ordinaria de la Segunda Sala de la Suprema Corte de Justicia de la Nación la contradicción de tesis sustentada entre diversos tribunales colegiados, respecto a la...more

SCOTUS Meant What It Said & Said What It Meant: Dudenhoeffer Imposes Higher Pleading Standards

In a rebuke to the Ninth Circuit, the Supreme Court granted the Amgen defendants’ petition for certiorari, reversed the Ninth Circuit’s judgment and remanded the case for further proceedings consistent with its opinion in the...more

Supreme Court Rejects One Strategy for Defeating Class and Collective Actions

In recent years, one tactic for attempting to defeat wage and hour class and collective action lawsuits class action lawsuits has been to offer the named plaintiffs full relief for their individual claims in the case. Even if...more

Supreme Court Update: Kansas V. Carr (14-449) And Order List

Wiggin and Dana just opened a shiny new office Washington, D.C., but it seems our arrival has been eclipsed by that of another force of nature in the nation's capital. Perhaps anxious to skip town before it's buried, the...more

Supreme Court Rejects Class Action "Pick-Off" Defense Strategy

Class and collective action claims involve a named plaintiff who files the action on behalf of himself or herself, along with a class of similarly situated individuals. In the employment context, a typical collective action...more

California Court Recognizes Same-Sex Marriage a Week Prior to Windsor

Earlier this month, the U.S. District Court for the Northern District of California recognized the retroactive application of United States v. Windsor. In Schuett v. FedEx Corporation, plaintiff and her long-time...more

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its...

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more

Florida Appellate Court Finds Widow Could Independently Bring FCRA Discrimination Claim After Her Husband’s Death

On January 20, a Florida appellate court held that a personal representative can initiate a Florida Civil Rights Act (FCRA) complaint alleging discrimination on behalf of the deceased former employee. In Cimino v. American...more

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the...

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more

U.S. Supreme Court Rules Employers Cannot Avoid Class Actions By Offering Complete Relief to Plaintiffs

In a 5-3 decision, the United States Supreme Court affirmed the Ninth Circuit’s decision in Campbell-Ewald Co. v. Gomez, holding that an unaccepted settlement offer or offer of judgment providing for an individual plaintiff...more

European Court of Human Rights issues landmark ruling on employee monitoring

The European Court of Human Rights has confirmed that employers may, in some circumstances, monitor employees’ personal communications in the workplace. On 12 January 2016, the European Court of Human Rights (“ECtHR”)...more

The Exception that Proves the Rule? European Court of Human Rights Okays Employer’s Access to Personal Communications of Employee...

The European Court of Human Rights recently ruled in Barbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

What Does 2016 Portend for Labor and Employment Law?

What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of...more

Thoughts on Church Plan Status After Kaplan v. Saint Peter’s Healthcare System

The Court of Appeals for the Third Circuit now is the first federal appellate court to decide whether a defined benefit plan sponsored by church-affiliated organization is a church plan under ERISA. The Court held that a...more

Supreme Court Signals Skepticism of Public-Sector Union Agency Fees

On January 11, 2016, the U.S. Supreme Court heard oral arguments in Frederichs v. California Teachers Association, a case that will decide whether public-sector employees can be forced to pay union dues as a condition of...more

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