by Jean Marc Favreau | Jul 8, 2020 | Clergy Employment Issues, Employment Law, Ministerial Exception, Supreme Court
In a 7-2 decision, the U.S. Supreme Court held that the ministerial exception permits religiously affiliated schools to fire employees for discriminatory reasons. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court’s majority held that two Catholic school...
by Jean Marc Favreau | Dec 20, 2017 | Misc
The Western District of Wisconsin has become the focal point of the debate as to whether the parsonage exemption granted to clergy members is constitutional. In October 2017, Judge Barbara Crabb ruled that the exemption violates the Establishment Clause of the U.S....
by Jean Marc Favreau | Oct 9, 2017 | Clergy Employment Issues, Parsonage
Parsonage Exemption Imperiled Again On Friday, October 6, Judge Barbara Crabb of the United States District Court for the District of Washington, issued a ruling holding that the parsonage exemption to the tax code violates the U.S. Constitution. The tax exemption...
by Jean Marc Favreau | Jun 15, 2017 | Employment Law, Restrictive Covenants, Restrictive Covenants (Non-Compete Agreements)
CNN reports that the conservative media outlet Independent Journal Review (“IRJ”) is asking employees to sign non-compete agreements. The restrictive covenants bar journalists and other employees from working in any capacity for any other media...
by Jean Marc Favreau | Aug 31, 2016 | Arbitration, Labor Law, NLRB, Remedies
“From the earliest days of the [National Labor Relations] Act, a make-whole remedy for employees injured by unlawful conduct has been a fundamental element of the Board’s remedial approach.”
Goya Foods of Florida, 356 NLRB 1461, 1462 (2011)
by Jean Marc Favreau | Nov 4, 2015 | Employment Law, Restrictive Covenants, Restrictive Covenants (Non-Compete Agreements)
Given how frequently our clients have questions concerning restrictive covenants, we’ve devoted several past blog posts to issues related to non-competes and similar employment agreement provisions. Often, individuals entering into employment agreements...
by Jean Marc Favreau | Jan 6, 2014 | Labor Law, Union Organizing
National Labor Relations Board Decides Not to Seek Supreme Court Review of Cases Invalidating Notice Posting Requirement According to an NLRB press release issued on January 6, 2014, the NLRB will not petition the Supreme Court to challenge two U.S. Courts of Appeals...
by Jean Marc Favreau | Dec 10, 2013 | Labor Law, Supreme Court
After hearing oral arguments in Unite HERE v. Mulhall several weeks ago, the Supreme Court has dismissed the writ of certiorari as “improvidently granted”. A majority of the Supreme Court decided not to consider the issues presented in the case –...
by Jean Marc Favreau | May 16, 2013 | Labor Law, Supreme Court
Third Circuit Decision in NLRB v. New Vista Nursing Deems Recess Appointment Invalid Following the D.C. Circuit’s recent Noel Canning decision, the Third Circuit issued a decision this morning invalidating President Obama’s recess appointment of former...
by Jean Marc Favreau | May 7, 2013 | Labor Law
National Association of Manufacturers v. NLRB: D.C. Circuit Finds Posting Rule Violates 1st Amendment In a shocking decision out of the D.C. Circuit, three Republican-appointed judges held that the 1st Amendment to the U.S. Constitution and Section 8(c) of the...
