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Employment Law Alert

Full Seventh Circuit Reverses Course on Sexual Orientation Claims Under Title VII

In the case under appeal, the plaintiff, an adjunct professor, claimed that because she’s a lesbian her employer declined to either promote her to full-time employment or renew her part-time employment contract. She sought redress on the basis of the provision of Title VII that forbids an employer “to fail or refuse to hire[,] or   Continue Reading »

10th Circuit Refuses to Enforce EEOC Pattern and Practice Administrative Subpoena

The debate over the scope and breadth of Equal Employment Opportunity Commission (EEOC) administrative subpoenas continues throughout the federal court system with the Supreme Court expected to jump into the fray in either its 2017 or 2018 term. In the past, courts were hesitant to question the valid scope or breadth of an EEOC administrative   Continue Reading »

Third Circuit Joins the Fray - Holds That Class Actions are Not Available Where the Arbitration Agreement is Silent on the Issue

On January 30, 2017, a panel of Third Circuit Court of Appeals joined the Fifth, Sixth, Seventh, Eighth and Ninth Circuits in declaring that class actions are not available where the arbitration agreement is silent in that regard.  However, this disposition is not an opinion of the full court and does not constitute binding precedent   Continue Reading »

Fourth Circuit Court of Appeals Establishes New "Joint Employer" Test Under the Fair Labor Standards Act

Just when employers thought they had some clarity around the issue of “joint employer,” an appellate court introduces a new test for assessing “joint employer” status. Initially, the Fourth District Court of Appeals ruling affects only the circuit courts in its jurisdictions.  However, the ruling could “spill over” into other circuit courts that have either   Continue Reading »

Johnson and Bell

Johnson and Bell