NCAA rules limiting payments to college athletes may violate antitrust laws

October 01, 2015 - by: HR Hero Alerts 0 COMMENTS

by Nancy Williams

Certain NCAA rules designed to ensure “amateur status” of student athletes may violate federal antitrust laws, according to a decision of the U.S. 9th Circuit Court of Appeals.

The ruling came in a case filed by Ed O’Bannon, a former All-American basketball player at UCLA. O’Bannon discovered that his name, likeness, and identity were being used in a college basketball video game without his having given permission or receiving compensation. He filed a lawsuit against the NCAA claiming that its rules barring compensation for student athletes amounted to an unlawful restraint of trade and thus violated antitrust laws.

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Uber class action ruling expected to have national implications

September 02, 2015 - by: Tammy Binford 0 COMMENTS

A San Francisco judge’s ruling granting class action status to possibly thousands of Uber drivers carries implications that “go well beyond California,” according to an attorney closely watching the case.

U.S. District Judge Edward Chen ruled September 1 that a group of Uber drivers in California can sue as a class as they argue that they should be considered employees instead of independent contractors.

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Employers need to examine policies, laws in light of Supreme Court same-sex marriage ruling

June 26, 2015 - by: Tammy Binford 2 COMMENTS

The U.S. Supreme Court’s June 26 ruling in favor of same-sex marriage means employers across the country need to take a look at their policies as well as the effect the ruling has on various laws dealing with employment.Pride flag at city hall

The Court’s 5-4 ruling in Obergefell v. Hodges struck down prohibitions on gay marriage in states covered by the U.S. 6th Circuit Court of Appeals—Kentucky, Michigan, Ohio, and Tennessee. But it has the effect of legalizing same-sex marriage nationwide.

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Supreme Court sides with EEOC in religious discrimination case

June 01, 2015 - by: HR Hero Alerts 0 COMMENTS

A ruling in a closely watched religious discrimination case means employers may be liable for discrimination if they base employment decisions on an applicant’s suspected religious practices even in situations, such as the one in this case, in which the applicant hasn’t directly disclosed a need for a religious accommodation.

On June 1, the U.S. Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc., a case involving Samantha Elauf, a young Muslim woman who interviewed for a job in an Abercrombie store in Oklahoma in 2008. During the interview, she wore a head scarf as part of her Muslim faith. At the time, Abercrombie had a “look policy” prohibiting head coverings.

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Texas judge puts FMLA rule’s new definition of spouse on hold

March 27, 2015 - by: Tammy Binford 0 COMMENTS

For the time being, employers in states that don’t recognize same-sex marriage don’t have to comply with a new rule changing the definition of spouse under the Family and Medical Leave Act (FMLA). The rule was to take effect on March 27, but a federal district judge in Texas issued a temporary injunction on March 26 in response to a challenge from the attorneys general in Texas, Arkansas, Louisiana, and Nebraska.

District Judge Reed O’Connor ruled that the states making the challenge showed a likelihood that they would prevail and that they would be irreparably harmed if the rule were allowed to take effect. If the U.S. Department of Labor’s (DOL) rule is allowed to take effect, it will require employers covered by the FMLA to allow eligible employees to take leave under the Act to care for same-sex spouses.

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Supreme Court clarifies employer obligations related to pregnant workers

March 25, 2015 - by: Tammy Binford 2 COMMENTS

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily.

In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations of the Pregnancy Discrimination Act (PDA) offered by both parties as well as the Equal Employment Opportunity Commission (EEOC). By sending the case back to the lower court, the justices revived the employee’s claim that her treatment violated the PDA.

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Utah passes historic legislation against sexual orientation and gender identity discrimination

by Ryan B. Frazier

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. The monumental legislation amends the state’s antidiscrimination law to prohibit employers statewide from making employment decisions based on an individual’s sexual orientation or gender identity. Under the law, a person’s sexual orientation or gender identity cannot be the basis for refusing to hire, refusing to promote, demoting, or terminating him or her. Utah law already banned employment discrimination on the basis of race, sex, age, religion, pregnancy, national origin, and disability.

The new law also provides safeguards for religious freedoms. The law exempts religious leaders and organizations such as churches and religious schools and their affiliates from the application of the new provisions. It also exempts the Boy Scouts of America or any of its subsidiaries or councils.

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High court lets Hobby Lobby, others opt out of contraception coverage under ACA

June 30, 2014 - by: Jessica Webb-Ayer 3 COMMENTS

The U.S. Supreme Court reviewed the Affordable Care Act (ACA) again this term, and today, it held in Burwell v. Hobby Lobby Stores, Inc. that the ACA’s contraceptive mandate violates the Religious Freedom Restoration Act of 1993 (RFRA) as it is applied to “closely held corporations.” According to the Court’s 5-4 opinion, the mandate “substantially burdens the exercise of religion.”

Under the ACA (and related Department of Health and Human Services (HHS) regulations), many health insurance plans must cover certain preventive services for women without cost sharing (e.g., coinsurance, copayments, and deductibles). These preventive services include contraceptive methods and counseling—or more specifically, “all Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.”

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Obama’s three NLRB recess appointments were invalid, Supreme Court rules

June 26, 2014 - by: HR Hero Alerts 0 COMMENTS

On June 26, 2014, the U.S Supreme Court unanimously upheld the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning v. NLRB, concluding that President Barack Obama’s three recess appointments to the National Labor Relations Board (NLRB)—Sharon Block, Richard Griffin, and Terence Flynn—were not valid.  Accordingly, since three out of the five members were invalidly appointed, the NLRB lacked a quorum.  That means Board decisions, including union-friendly rulings on social media, confidentiality rules, and off-duty employee access to the workplace, are now affected and likely invalid

In January 2012, President Obama filled three vacancies on the NLRB while the Senate was on its 20-day holiday break. Republicans objected to the president’s appointments, claiming the Senate wasn’t in recess because it was holding pro forma sessions every few days.

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Utah case puts same-sex marriage issue on track to go before Supreme Court

June 26, 2014 - by: Tammy Binford 0 COMMENTS

Utah’s constitutional amendment banning same-sex marriage suffered another blow in a June 25 ruling from the U.S. 10th Circuit Court of Appeals, and that ruling makes it likely that the issue of same-sex marriage will go before the U.S. Supreme Court.

The 10th Circuit’s decision upheld a December 2013 federal district court ruling that struck down Utah’s ban. The lower court’s ruling was on hold during the state’s appeal to the 10th Circuit.

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