Workplace Section Alerts
Workplace Section Alerts are a members-only educational benefit of the ACR Workplace Section. The Alert provides breaking news on court decisions, research publications, and other topical events relevant to labor and employment neutrals. The Alert is published periodically through the year.
To view archived workplace alerts, click on links below:
April 1, 2009; the U.S. Supreme Court in a 5 to 4 decision in 14 Penn Plaza LLC v. Pyett held that a union can waive its members’ right to sue for violation of the ADEA and require that they arbitrate their claims. The key factor in reaching this result is a “clear and unmistakable waiver”. It may also have helped that the individual employee was apparently able to proceed even if the union declined to do so. The logic of the opinion would cover any claim of discrimination.
As it is rare for mediation issues to reach the national level, you may want to sign up for a free newsletter from Willamette University College of Law at dis-res@willamette.edu which does report mediation-related cases nationwide.
February 3, 2009; The U.S. Supreme Court has extended retaliation protection to participation in an internal investigation where the employee simply answered questions in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee.
There have also been legislative changes over the last few months which need to be taken account of. The ADA Amendment Act of 2008 made a number of changes in the Americans With Disabilities Act, the most important of which requires that a finding of disability be without mitigating measures. The Ledbetter Act provides that each paycheck is a “new occurrence” for purposes of pay discrimination with a 2-year maximum reach-back. There are new and complex amendments of the Family Medical Leave Act (FMLA) for leave in connection with a family members military service including call-up and injury. Further changes in the labor/employment laws are likely.
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