WASHINGTON (AP) — The Supreme Court will consider whether a former top lawyer at the National Labor Relations Board served in violation of a federal law governing temporary appointments. The justices agreed Monday to review a lower court ruling that ...

Tagged with: Labor

Margaritas? Check. Salsa? Check. Lying to federal officials? Check. The owner of Senor Tequila Restaurants in Charleston has pleaded guilty to making false statements to U.S. Labor Department officials in an alleged effort to hide the fact that he had ...

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Spriggs Group, P.C. v. Slivka (Lawyers Weekly No. 010-039-15, 11 pp.) (Per Curiam) Appealed from Colleton County Circuit Court (William H. Seals Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: We direct the ...

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Spriggs Group, P.C. v. Slivka Even though the trial court should not have submitted to the jury the question of whether the work performed by the plaintiff-architectural firm in January 2009 constituted “labor” within the meaning of S.C. Code Ann. § 29-5-10(a), we find no reversible error.

Tagged with: Labor

Laing v. Federal Express Corp. Because defendant FedEx had sufficient evidence that plaintiff had falsified delivery records to gain time, it could terminate her employment as a delivery driver even though she claims she was terminated in violation of the Family & Medical Leave Act when she was not returned to her prior employment after a knee injury; the 4th Circuit says plaintiff has not shown the false records issue was a pretext for her discipline.

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David v. Alphin The 4th Circuit upholds dismissal of a putative class claim by participants in two BOA retirement plans, alleging defendant members of the Bank’s Corporate Benefits Committee breached their ERISA fiduciary duties by putting Bank-affiliated mutual funds in the Bank’s 401(k) investment menu; the district court did not err in dismissing claims related to the Pension Plan for lack of standing and in granting summary judgment to defendants on additional claims that were time-barred.

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Young v. United Parcel Service Inc. Although plaintiff UPS driver alleges the company was liable for pregnancy discrimination because it had a policy that accommodated some disabled employees but not similarly situated pregnant workers, the 4th Circuit upholds summary judgment for UPS, based on its pregnancy-neutral policy.

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With an employer-employee relations agenda set by the new Congress, employers should know what to expect in the field of wage and hour laws. Wage and hour laws, and their accompanying regulations, already provide the basis for an ever-growing number of employment-related lawsuits. While the nature and number of the possible developments are practically unlimited, here is a list of some of the likely items on the horizon:

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The good news is that the Mayans got it wrong. The bad news may be that you’ve delayed dealing with all of those labor and employment problems in the hopes that the world would have ended by now.

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After stirring up the bar with a pair of cases alleging that at-will employment clauses for non-union workers violated federal law by potentially stifling concerted activity, the National Labor Relations Board has issued guidance memos that offer some relief for employment-side attorneys.

Tagged with: Labor NLRB