Justices’ GPS ruling breaks new ground on privacy rights 
By:
Kimberly Atkins
Published: January 26, 2012
Tags: Fourth Amendment, GPS tracking, privacy, Supreme Court, trespass
WASHINGTON – After punting on the issue in the past, the U.S. Supreme Court has again waded into the choppy waters of privacy protection in the digital age in a case involving the warrantless use of a GPS device on a suspect’s car.
But while still not ruling on the privacy issue directly, this time five justices gave a strong indication that individuals’ privacy interests may be entitled to constitutional protection.
EEOC sees record number of private sector bias charges
Published: January 26, 2012
Tags: EEOC, employment discrimination
WASHINGTON – Fueled in part by an increase in age and disability discrimination claims, the Equal Employment Opportunity Commission received a record-high 99,947 charges of employment discrimination in fiscal 2011, the agency announced this week.
ERISA plaintiff could show subject matter jurisdiction
Published: January 25, 2012
Tags: ERISA, jurisdiction
An ERISA plaintiff was not required to show that he was a plan participant for the purpose of establishing subject matter jurisdiction in his lawsuit challenging the termination of his long-term disability benefits, the 9th Circuit has ruled in reversing a dismissal.
Employment law survey reveals key trends
Published: January 19, 2012
Tags: AT&T Mobility v. Concepcion, Department of Labor, DOL, EEOC, Equal Employment Opportunity Commission, ERISA, fair labor standards act, FLSA, Seyfarth Shaw, wage and hour, Wal-Mart v. Dukes
National employment law firm Seyfarth Shaw recently released its annual survey of employment law cases, summarizing key trends in the field from U.S. Supreme Court decisions to state and federal court decisions and regulatory actions.
Court considers jurisdiction for MSPB appeals
Published: January 18, 2012
Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court
The U.S. Supreme Court has agreed to decide whether the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains disputed termination and unlawful discrimination claims.
Group sues over Obama’s NLRB recess appointments
Published: January 18, 2012
Tags: National Right to Work Foundation, NLRB, President Obama, recess appointments
WASHINGTON – The National Right to Work Foundation has filed the first legal challenge to President Barack Obama’s recess appointments of three members to the National Labor Relations Board.
Ministerial exception case could have ‘explosive’ impact
By:
Kimberly Atkins
Published: January 17, 2012
Tags: employment discrimination, First Amendment, ministerial exception, religious organizations, sex abuse, Supreme Court
WASHINGTON – The U.S. Supreme Court’s ruling that the First Amendment’s ministerial exception bars job-bias suits against religion-based employers will likely have an impact far beyond discrimination claims.
The affirmative defense could be invoked in other cases, including those alleging sexual abuse by members of the clergy.
Court ponders if private lawyers get city’s immunity
By:
Kimberly Atkins
Published: January 17, 2012
Tags: attorneys, qualified immunity, sick leave, Supreme Court
WASHINGTON – On Tuesday, the justices of the U.S. Supreme Court wrangled with the question of private lawyers who work on government internal investigations have qualified immunity from civil rights lawsuits.
Store employee wins $95M sexual harassment verdict
By:
Kimberly Atkins
Published: January 17, 2012
Tags: assault, sexual harassment, Top Ten Jury Verdicts, Top Ten Jury Verdicts of 2011
An Illinois federal jury has awarded a $95 million verdict – including $80 million in punitive damages – to a store worker who claimed she was sexually harassed and assaulted by a manager while the company turned a blind eye.
“[The employer] had a policy that no one had to report complaints of sexual harassment unless they actually witnessed it,” said Benedict Morelli, the plaintiff’s lead counsel at trial. “It was a sexual harassment policy that protected the company, not the employees.”
DOJ: Obama had recess appointment authority
Published: January 12, 2012
Tags: Department of Justice, President Obama, recess appointments
WASHINGTON – In a legal opinion released Thursday, the Department of Justice ruled that President Barack Obama’s recess appointments to the Consumer Financial Protection Bureau and National Labor Relations Board were legal.
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