The Laconic Law Blog

Pithy Commentary on Employment Law in Virginia and Beyond

U.S. Supreme Court Upholds Ministerial Exception

Posted on January 23, 2012 by Eric Welter

On January 11, 2012, in a 9-0 opinion, the U.S. Supreme Court held that the ministerial exception bars an employment discrimination suit brought on behalf of a minister challenging her church’s decision to fire her.  More on the case after the break.

Continue reading →

Post to Twitter

Posted in Discrimination | Leave a comment

EEOC Believes That Diploma Requirements May Violate The ADA

Posted on January 18, 2012 by Eric Welter

Dorothy, we’re not in Kansas anymore.  The EEOC has posted an informal advisory letter on its website taking the position that the requirement of a high school diploma may violate the ADA by screening out individuals with learning disabilities.  Overlawyered has the post here.  For those interested, the text of the letter is after the break.

Continue reading →

Post to Twitter

Posted in ADA | Tagged | Leave a comment

OFCCP Releases Notice of Proposed Rulemaking on Contractor Obligations Regarding Individuals With Disabilities

Posted on January 17, 2012 by M. Wilson Stoker

On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register. The proposed rule increases affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 which obligates federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed rule incorporates the ADAAA’s expanded definition of disability and imposing new requirements for contractors in the areas of recruitment, data retention and AAP dissemination. In addition, the rule clarifies OFCCP’s expectations for contractors by providing specific guidance on how to comply with the law.  More after the break.

Continue reading →

Post to Twitter

Posted in DOL | Tagged , | Leave a comment

New NLRB Decision May Curtail Class Arbitrations

Posted on January 12, 2012 by Eric Welter

In AT&T Mobility v. Concepcion, the U.S. Supreme Court enforced a consumer arbitration agreement that contained a “class action waiver” in which the plaintiff waived his right to file a class action lawsuit, and required the plaintiff to arbitrate his dispute on an individual basis.  In a recent decision, D.R. Horton, Inc., the National Labor Relations Board (“NLRB”) concluded that a similar arbitration agreement including a class action waiver unlawfully restricted employees’ right to engage in concerted activity, and therefore, violated the National Labor Relations Act (“NLRA”).  More after the break.

Continue reading →

Post to Twitter

Posted in NLRB | Leave a comment

NLRB Updates for 2012

Posted on January 6, 2012 by Eric Welter

In addition to several “recess” appointments to the NLRB while the Senate was looking the other direction, the NLRB has a busy spring ahead of it.  More after the break.

Continue reading →

Post to Twitter

Posted in NLRB | Leave a comment

Recent Jury Verdicts and Settlements

Posted on January 5, 2012 by Eric Welter

Happy New Year!  We will begin our 2012 posts with our latest update on recent jury verdicts and settlements, after the break.

Continue reading →

Post to Twitter

Posted in Jury Verdicts | Leave a comment

EEOC Wants Construction Company To Allow Applicant With Epilepsy To Operate Heavy Equipment

Posted on December 14, 2011 by Eric Welter

Overlawyered has a post here on a new lawsuit filed by the EEOC against a construction company for refusing to hire an applicant with epilepsy to run heavy equipment.  The company apparently relied on Department of Transportation guidelines for truck drivers for the heavy equipment operator position.  The EEOC’s press release is here.  Of course, when the applicant has a seizure driving a heavy loader and kills someone, there will be a lawyer to file a wrongful death lawsuit arguing that the company negligently hired the applicant.

Post to Twitter

Posted in ADA | Leave a comment

EEOC Verdicts and Settlements — October 2011

Posted on December 12, 2011 by Eric Welter

Our update on EEOC Verdicts and Settlements for October 2011 after the break.

Continue reading →

Post to Twitter

Posted in Jury Verdicts | Leave a comment

Supreme Court Agrees To Hear FLSA Case

Posted on December 6, 2011 by Eric Welter

On November 28, 2011, the U.S. Supreme Court agreed to hear an FLSA from the 9th Circuit involving the outside sales exemption.  (Christopher v. SmithKline Beecham Corp.)  The case involves whether deference is owed to the Secretary of Labor’s interpretation of the Fair Labor Standards Act’s outside sales exemption and related regulations and whether the Fair Labor Standards Act’s outside sales exemption applies to pharmaceutical sales representatives.  The case promises to be an interesting current look at one aspect of the FLSA by the Court.

Post to Twitter

Posted in FLSA/Overtime | Leave a comment

Brain Scans Measure Racial Bias — Really?

Posted on December 1, 2011 by Eric Welter

An article in the Yale Daily News reports that researchers have purportedly found a way to measure racial bias by using brain scans.  Unfortunately for those who believe that “racism” can so easily be defined and tested, the underlying methodology has previously been questioned.  More after the break.

Continue reading →

Post to Twitter

Posted in News | Leave a comment

Duty to Provide Commuting Accommodations?

Posted on November 29, 2011 by Eric Welter

On August 10, 2011, the U.S. Court of Appeals for the Second Circuit held that, in certain circumstances, an employer may be obligated to provide commuting accommodations to employees under the Americans with Disabilities Act (ADA).  More after the break.

Continue reading →

Post to Twitter

Posted in ADA | Leave a comment

Recent Jury Verdicts and Settlements

Posted on November 28, 2011 by Eric Welter

Our latest update on recent employment jury verdicts and settlements after the break.

Continue reading →

Post to Twitter

Posted in Jury Verdicts | Leave a comment

Cracker Barrel Joins National EEOC Mediation Agreement

Posted on November 21, 2011 by Eric Welter

Cracker Barrel Old Country Store, Inc. joined more than 200 other employers by signing a National Universal Agreement to Mediate with the EEOC.  More after the break.

Continue reading →

Post to Twitter

Posted in Discrimination | Tagged | Leave a comment

EEOC Verdicts and Settlements — September 2011

Posted on November 18, 2011 by Eric Welter

Our update on EEOC verdicts and settlements for September 2011 after the break.

Continue reading →

Post to Twitter

Posted in Jury Verdicts | Leave a comment

Employers Now Required To Report Employee Health Benefits On Form W-2′s

Posted on November 15, 2011 by Eric Welter

The Patient Protection and Affordable Care Act will require certain employers to report the cost of coverage under employer-sponsored group health plans.  More after the break.

Continue reading →

Post to Twitter

Posted in HR | Leave a comment