The U.S. Department of Justice’s recent refusal to throw its weight behind National Labor Relations Board precedent in a U.S. Supreme Court battle over the legality of mandatory arbitration agreements with class waivers added new obstacles for the NLRB in defending the position.
Van Kampen Law Attorneys Quoted in Law360
The U.S. Supreme Court ruled Tuesday that BNSF Railway Co. can’t be sued in Montana by two out-of-state employees who weren’t injured there, giving large corporations more control over the jurisdictions.
By: David Donovan
When North Carolina’s lawmakers hurried HB2 through the legislature, it originally contained a provision that prohibited workers from suing their former employers under state law for cases of wrongful termination based on discrimination. That provision raised concerns from attorneys.
Law360, New York – A North Carolina federal judge concluded Friday that the state’s recent reduction of the statute of limitations for certain wrongful discharge claims, which stemmed from the now-infamous law limiting transgender individuals’ access to public facilities, can’t retroactively be used to kill a claim that would have been timely absent the change.
Law360, New York (July 5, 2016) — North Carolina lawmakers have largely left intact a controversial transgender bathroom law that blocks local governments from granting civil rights protections to LGBT individuals, but restored the ability to sue for discriminatory termination in state courts and gave workers one year to bring such claims.
Law360, New York – When the Fourth Circuit ruled this week that barring a transgender male student from the boys’ bathroom in Virginia violates federal education law, it forecast a defeat over North Carolina’s already notorious discrimination law. Among its many provisions, H.B. 2 restricts transgender people’s access to public restrooms, which, if enforced in schools, experts say could cost North Carolina $4.5 billion in federal funding.
Law360, New York – A hastily enacted North Carolina law that undid a Charlotte anti-discrimination ordinance that in part allowed transgender people to use the restroom of their choice could potentially limit access to state courts for employees trying to pursue a wide range of discrimination claims, including those related to race and gender, plaintiffs attorneys say.
Law360, New York (March 24, 2016) – A hastily enacted North Carolina law that undid a Charlotte anti-discrimination ordinance that in part allowed transgender people to use the restroom of their choice could potentially limit access to state courts for employees trying to pursue a wide range of discrimination claims, including those related to race and gender, plaintiffs attorneys say.
A Ninth Circuit ruling Tuesday requiring a company accused of gender discrimination to give the Equal Employment Opportunity Commission the personal information of employees who took a strength test may embolden the agency to pursue more aggressive investigations and raises privacy concerns, management-side attorneys say.
Hot-button issues like sexual orientation discrimination in the workplace, the treatment of pregnant employees and medical marijuana use aren’t just grabbing headlines, but they’re also raising questions that can puzzle even seasoned attorneys. Law360 asked experts to identify the biggest open questions about employment discrimination law and offer some suggestions to help businesses address them.
The U.S. Department of Labor’s newly proposed rule to expand overtime pay protections won plaudits from worker advocates, but some management-side lawyers warned the final version could contain changes to the duties tests for overtime eligibility.
The U.S. Supreme Court’s recent decision to review a donning-and-doffing case against Tyson Foods Inc. gives the justices a chance to both make class actions tougher to pursue by curtailing the use of statistical sampling to support certification, and announce if and how the high court’s landmark Dukes ruling applies to Fair Labor Standards Act collective actions.