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Category Archives: Supreme Court
MANDATORY ARBITRATION AGREEMENTS FOR NON-UNION EMPLOYEES
Employers are often wondering whether they should consider mandatory arbitration agreements for their non-union employees. Such arbitration agreements provide many advantages to the employer-employee relationship. As the law continues to develop, employers are asking more and more whether arbitration agreements are right for their workplace. What is an arbitration? Arbitration is a form of dispute resolution where an employment dispute is privately resolved by a neutral third-party arbitrator, or panel of such arbitrators. Non-union arbitration typically occurs under the rules … Continue reading
Supreme Court Rules Employee First Amendment Rights Trump Public-Sector Union “Agency Fees”
On June 27, 2018, the United States Supreme Court issued one of the most anticipated decisions of the year, ruling that nonunion workers cannot be forced to pay fees to public-sector unions. In the Janus v. American Federation of State, County, and Municipal Employees Council (“AFSCME”) case, Illinois state employee Mark Janus challenged the $45 monthly fee he paid to the public-sector AFSCME union. Janus was not a member of the AFSCME union. However, public-sector employees who declined to join … Continue reading
Posted in Labor, Legal Updates, Supreme Court
Tagged Labor, Legal Update, Union, United States Supreme Court
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SUPREME COURT SIDES WITH THE EEOC AGAINST ABERCROMBIE & FITCH IN HIRING PRACTICE CASE ADDRESSING RELIGIOUS DISCRIMINATION
The Supreme Court issued a controversial decision which should prompt Employers to review their hiring practices and criteria. In the recent EEOC v. Abercrombie & Fitch case, the Supreme Court ruled that Abercrombie & Fitch discriminated against Samantha Elauf (“Elauf”) based on her religious practice of wearing a headscarf. Elauf, a Muslim, wore her headscarf to her Abercrombie & Fitch job interview. During the interview, neither Elauf nor Abercrombie & Fitch representatives discussed her religion or her headscarf. However, after … Continue reading