Category Archives: Articles

Victories for Employers at the Supreme Court Level, cont.

On June 25, 2013, the Supreme Court, in the second big win for employers, clarified what standard employees must meet to successfully pursue a retaliation claim under Title VII of the Civil Rights Act of 1964. No longer will employees be able to prevail on retaliation claims just by demonstrating that retaliation was a “motivating factor” in an employer’s adverse employment action towards the employee. The case decided was styled University of Texas Southwestern Medical Center v. Nassar. The plaintiff, Nassar, was hired by the University of Texas Southwestern Medical Center (“UTSW”), but resigned after one of his supervisors allegedly made remarks about his productivity and national origin.  He then sought a job at another hospital, but that hospital withdrew its job offer to Nassar after one of his former UTSW supervisors opposed the hire.  Nassar then sued UTSW, alleging discrimination and retaliation. A jury found for Nassar on both claims, but UTSW appealed to the U.S. Court of Appeals for the...
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Notices Required by the Affordable Care Act by October 2013

By October 1, 2013, employers must provide current employees and new hires with notices concerning health insurance and state exchanges created pursuant to the Affordable Care Act (“ACA”). These notices are required by section 18B of the Fair Labor Standards Act (“FLSA”), an amendment created by the ACA. Originally, the employer notification was to occur by March 1, 2013, but the deadline was delayed. On May 8, 2013, the U.S. Department of Labor (“DOL”) issued Technical Release No. 2013-02, which announced the long-awaited instruction and contained a Model Notice to Employees of Coverage Options. Employers subject to FLSA must distribute the notice to current employees no later than October 1, 2013.  New employees must be given the notice at the time of hire beginning October 1, 2013.  For 2014, the DOL will consider a notice to be provided at the time of hire if it is provided within 14 days of an employee’s start date. The notice is applicable to...
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NLRB’s Poster Rule Struck Down by D.C. Circuit

On May 7, the U.S. District Court of Appeals for the District of Columbia struck down a National Labor Relations Board (“NLRB”) ruling that would have required millions of private employers, both union and non-union, to put up posters alerting employees of their rights under the National Labor Relations Act (“NLRA”). The poster informed employees of their right to join and/or form a union, collectively bargain with employers, and act jointly to improve wages or working conditions. The requirement was scheduled to become effective in April 2012, but the D.C. Circuit Court delayed any employer action until it decided whether the law was enforceable. Under the rule, an employer’s failure to display the poster would be considered an “unfair labor practice” under the NLRA. After considering the issue, the U.S. Court of Appeals for the D.C. Circuit found the NLRB rule to be a violation of the NLRA’s “free speech” provision. This provision provides employers with the right to communicate...
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