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 Josh Scharff | Aug 21, 2014 | joint employer, Labor Law, NLRB, Supreme Court
The National Labor Relations Board has been busy this summer making bold decisions that could have far-reaching implications. The NLRB’s most publicized action this summer occurred on July 29 when the Office of the General Counsel announced that it would treat...
by ADeleon | Jul 3, 2014 | Labor Law, Public Sector Employees, Supreme Court
In Harris v. Quinn, a small group of health care workers sued the governor of Illinois claiming that an agency fee arrangement violated their right to free speech and free association under the First and Fourteenth Amendment. The workers argued that as personal...
by Mark Gisler | Jan 28, 2014 | FLSA, Labor Law, Supreme Court
Sandifer v. U.S. Steel Holds that Unionized Workers Need Not be Paid for Time Spent “Donning and Doffing” Safety Clothing under FLSA In a 9-0 decision, the U.S. Supreme Court has made it harder for unionized steel workers to be paid for time spent changing into and...
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 Josh Scharff | Nov 26, 2013 | Clergy Employment Issues, Employment Law, Supreme Court, Title VII
The Supreme Court Does Not Further Define “Religious Institution” in Hosanna-Tabor In it’s 2012 Hosanna-Tabor Evangelical Church & School v. EEOC decision, the Supreme Court unanimously upheld the validity of the “ministerial exception,” a common law...
by Kaylee Davis | Nov 20, 2013 | Labor Law, Supreme Court, Union Organizing
Supreme Court Considers Neutrality Agreements in Unite Here v. Mulhall Unite Here Local 355 v. Mulhall, argued before the Supreme Court last Wednesday, presents the issue of whether neutrality agreements are, to some degree, prohibited by Section 302 of the National...
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 Josh Scharff | Jul 6, 2012 | Clergy Employment Issues, Supreme Court, Title VII
The Ministerial Exception makes it to the Supreme Court in Hosanna Tabor v. EEOC Earlier this year, the Supreme Court first considered the validity and applicability of the “ministerial exception” – a common law principle that exempts religious institutions from...
by Josh Scharff | Jun 22, 2012 | Labor Law, Supreme Court
Knox v. SEIU Limits Unions’ Ability to Collect Dues to Oppose Anti-Union Legislation In a 7-2 decision yesterday, the Supreme Court found in Knox v. SEIU that the First Amendment prohibited public sector unions from collecting special fees for political...
