On June 23, the Supreme Court decided Perry v. Merit Systems Protection Board. The court held that when a government employee’s “mixed case” is dismissed by the Merit Systems Protection Board for lack of jurisdiction, that employee must appeal the decision to the federal district court, not the Federal Circuit. A “mixed case” is one in which the employee claims that an adverse employment action was violative of the Civil Service Reform Act and federal anti-discrimination laws (e.g. Title VII).
Last Wednesday, Wisconsin Governor Scot Walker signed Assembly Bill 25 into law. The law reduces “burdens” on employers that hire teenage workers. The revised law redefines “minor of permit age” to exclude 16- and 17-year-old job applicants, thus eliminating their requirement to obtain a work permit. The bill implicates restaurants, retailers, and other industries reliant on teenage labor.
The New York Times discussed a study pointing to a lack of diversity in theater jobs. Notably, the study found that women and minority actors and stage managers get fewer, and lower-paying, jobs than their Caucasian male peers. The study was done and published by Actors’ Equity, a labor union focused on, among other things, making the entertainment industry better reflect the United States’ diversity.
On Monday, the Supreme Court announced that it would review Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case that made headlines when the Colorado Court of Appeals upheld a finding that a baker who refused to make a wedding cake for a same-sex couple, citing his religious convictions, had committed illegal discrimination against the couple.
Daily News & Commentary
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December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]