Labor and Employment Law Roundup

July 01, 2009

The Supreme Court this week revived a “reverse discrimination” case brought by firefighters against the City of New Haven. The case is the subject of widespread discussion not only because of its important legal ramifications, but also because the Supreme Court reversed the decision of the Second Circuit Court of Appeals and Judge Sotomayor, recent nominee to the Supreme Court. In this update, we examine the New Haven case as well as other recent developments in employment law, including:

  • Supreme Court Holds the Burden of Persuasion Remains with Employee in Age Discrimination Lawsuit
  • Sixth Circuit Joins Other Circuits in Holding Employees Must Personally Engage in Protected Conduct to Possess Retaliation Claim
  • Third Circuit Clarifies Definition of “Management Level Employee” for Purposes of Imputing Knowledge to Employer in Sex Harassment Cases
  • Sixth Circuit Decision a Reminder that Caution is Key When Contemplating Deductions in Pay of Exempt Employees Under FLSA
  • NLRB Update: Supreme Court Asked to Rule on Authority of Two-Member Board; President Obama Announces Two Labor-Friendly Nominations to Board; and EFCA Languishes in Congress
  • Preferential Provision of Non-Seniority Benefits Not Required Under USERRA