slide1 l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
STATE OF THE LAW 2008: Trends, Observations, and Cases PowerPoint Presentation
Download Presentation
STATE OF THE LAW 2008: Trends, Observations, and Cases

Loading in 2 Seconds...

play fullscreen
1 / 21

STATE OF THE LAW 2008: Trends, Observations, and Cases - PowerPoint PPT Presentation


  • 167 Views
  • Uploaded on

June 10, 2008. STATE OF THE LAW 2008: Trends, Observations, and Cases. W. Gary Fowler Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 214.953.5922 214.953.5822 (fax) gfowler@jw.com. Trends: EEOC. 2007: Retaliation Continues to Grow

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'STATE OF THE LAW 2008: Trends, Observations, and Cases' - Patman


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
slide1

June 10, 2008

STATE OF THE LAW 2008:Trends, Observations, and Cases

W. Gary FowlerJackson Walker L.L.P.

901 Main Street, Suite 6000

Dallas, Texas 75202

214.953.5922

214.953.5822 (fax)

gfowler@jw.com

trends eeoc
Trends: EEOC

2007: Retaliation Continues to Grow

2008: More Charges Reflecting a Slowing Economy

More Cause Findings in a Slowing Economy

slide6
NLRB
  • Use of email in union activity: NLRB holds that employees do not have right to use company email for union related activity
  • Undocumented workers are still “employees” for purposes of union election
federal supreme court
Federal: Supreme Court

Pro-Employee Decisions:

-- Section 1981 Permits Retaliation Claims

--ERISA Fiduciary Duties Extend to Plan Beneficiaries

-- Employee’s Affidavit Was a “Charge”

--Federal Employees May Sue for Age Retaliation

federal supreme court8
Federal: Supreme Court

Pro-Employer Decisions:

--Domestic Service Exemption Applies to Third-Party Agency Employees

--District Courts Have Discretion Whether to Admit Testimony by Other Employees

--Employer Did Not Breach Fiduciary Duties in Rejecting Merger with Multi-Employer Plan

federal supreme court9
Federal: Supreme Court

Cases Still To Be Decided:

--Kentucky Retirement System Case: Use of Age in Disability Plan

--MetLife v. Glenn: Deference to Plan Administrator

--Meacham v. Knolls Atomic Power Lab: Who Bears Burden of Proof on RFOTA?

federal supreme court10
Federal: Supreme Court

2008-09 Term:

--Crawford v. Nashville: Does Title VII Anti-Retaliation Extend to Participants in Investigation?

--14 Penn Plaza v. Pyett: Effect of Arbitration in a CBA on Title VII Claims

federal fifth circuit and courts of appeals
Federal: Fifth Circuit and Courts of Appeals
  • Taylor v. Progress Energy: Settlement of FMLA Retaliation Claims
  • Conne v. Speede Cash: Deduction of Wages Did Not Destroy Salary Test for Fluctuating Work Week
  • Burrell v. Dr Pepper: Unexplained Inconsistencies in Employer’s Reasons = Evidence of Pretext
federal fifth circuit and courts of appeals12
Federal: Fifth Circuit and Courts of Appeals
  • EEOC v. Nexion Health: Abusive Comments by Mental Patient Did Not Create HWE for Nurse
  • EEOC v WC&M: Taunts Were Based upon National Origin
  • Arismendez v. Nightingale: “I Don’t Have Time to Deal with a Pregnant Woman”
texas supreme court
Texas Supreme Court
  • Igal v. Brightstar: TWC Pay Day Proceeding Bars Lawsuit
  • Texas Mut. Ins. Co. v. Ledbetter: Comp Carrier’s Subrogation Claim to Personal Injury Settlement
  • Fairfield Ins. Co. v Stephens Martin: Punitive Damages for Gross Negligence Insurable
texas supreme court14
Texas Supreme Court
  • County of Dallas v. Wilan: Employee Handbook Created Property Right in Employment
  • In re RLS Legal Solutions: Duress Defense Did Not Defeat Arbitration Clause
  • In re AutoNation: Choice of Forum Clause Enforceable on Covenant Not to Compete
texas courts
Texas Courts
  • LeBlanc v. Lamar State College: Texas Courts Recognize Disability Harassment Claim
  • Waffle House v. Williams: Employer Liable for Co-Worker Harassment Under Negligent Supervision Claim
the texas legislature
The Texas Legislature
  • Volunteer Emergency Responders (Passed)
  • Reemployment of Service Personnel (Passed)
  • 2009 Session: Concealed Handguns Act?
congress
Congress
  • Genetic Information Non-Discrimination Act of 2008
    • Prohibits Request, Use, Discrimination of Genetic Information
    • “Manifested Disease or Disorders” of Family Members
  • FMLA Amendments
    • 26 Weeks of Care for Family Member in Armed Services
    • 13 Weeks for “Qualifying Exigency Leave” (Regulations Not in Effect)
congress minimum wage reminder
Congress—Minimum Wage Reminder
  • Minimum Wage Increased in 2007
  • July 24, 2007 - $5.85July 24, 2008 - $6.55July 24, 2009 - $7.25
congress 2009
Congress: 2009
  • Ledbetter Fair Pay Act (Proposed)
    • Reverse Supreme Court’s Ledbetter Decision
    • Compensation Decisions Subject to Review, Even If Made Well Before 180/300 Day Deadline
  • Employment Non-Discrimination Act (Proposed)
    • Sexual Orientation Protected
congress 200920
Congress: 2009
  • Employee Free Choice Act
    • Easier for Unions to Obtain Recognition
    • Increase Penalties on Employers
    • Requires Binding Interest Arbitration if No CBA
  • RESPECT Act
    • Raise the Standard for “Supervisor”
    • Bill Would Increase the Number of Potential Union Members
slide21

June 10, 2008

STATE OF THE LAW 2008:Trends, Observations, and Cases

W. Gary FowlerJackson Walker L.L.P.

901 Main Street, Suite 6000

Dallas, Texas 75202

214.953.5922

214.953.5822 (fax)

gfowler@jw.com