The Laconic Law Blog

Pithy Commentary on Employment Law in Virginia and Beyond

Monthly Archives: January 2012

Supreme Court Refuses To Hear Tip Credit Case

Posted on January 27, 2012 by Eric Welter

Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage … Continue reading →

Posted in FLSA/Overtime | Leave a comment

California Supreme Court Decides Case Involving Administrative Exemption

Posted on January 26, 2012 by Laura B. Chaimowitz

The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage … Continue reading →

Posted in FLSA/Overtime | Leave a comment

DOL Fact Sheets On FMLA And FLSA Retaliation

Posted on January 25, 2012 by Eric Welter

The Department of Labor has new fact sheets regarding the FMLA’s interference and anti-retaliation provisions and the FLSA’s anti-retaliation provision.  (Hat tip to The Employer Handbook.)

Posted in Retaliation | Leave a comment

Discrimination Claims At EEOC Hit Record Level

Posted on January 24, 2012 by Eric Welter

The EEOC received 99,947 charges of discrimination in 2011 and has increased its focus on cases of alleged “systemic discrimination.”  More after the break.

Posted in Discrimination | Leave a comment

U.S. Supreme Court Upholds Ministerial Exception

Posted on January 23, 2012 by Eric Welter

On January 11, 2012, in a 9-0 opinion, the U.S. Supreme Court held that the ministerial exception bars an employment discrimination suit brought on behalf of a minister challenging her church’s decision to fire her.  More on the case after … Continue reading →

Posted in Discrimination | Leave a comment

EEOC Believes That Diploma Requirements May Violate The ADA

Posted on January 18, 2012 by Eric Welter

Dorothy, we’re not in Kansas anymore.  The EEOC has posted an informal advisory letter on its website taking the position that the requirement of a high school diploma may violate the ADA by screening out individuals with learning disabilities.  Overlawyered has … Continue reading →

Posted in ADA | Tagged | Leave a comment

OFCCP Releases Notice of Proposed Rulemaking on Contractor Obligations Regarding Individuals With Disabilities

Posted on January 17, 2012 by M. Wilson Stoker

On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register. The proposed rule increases affirmative action requirements established in Section 503 of the Rehabilitation … Continue reading →

Posted in DOL | Tagged , | Leave a comment

New NLRB Decision May Curtail Class Arbitrations

Posted on January 12, 2012 by Eric Welter

In AT&T Mobility v. Concepcion, the U.S. Supreme Court enforced a consumer arbitration agreement that contained a “class action waiver” in which the plaintiff waived his right to file a class action lawsuit, and required the plaintiff to arbitrate his … Continue reading →

Posted in NLRB | Leave a comment

NLRB Updates for 2012

Posted on January 6, 2012 by Eric Welter

In addition to several “recess” appointments to the NLRB while the Senate was looking the other direction, the NLRB has a busy spring ahead of it.  More after the break.

Posted in NLRB | Leave a comment

Recent Jury Verdicts and Settlements

Posted on January 5, 2012 by Eric Welter

Happy New Year!  We will begin our 2012 posts with our latest update on recent jury verdicts and settlements, after the break.

Posted in Jury Verdicts | Leave a comment