Oral Argument in Ledbetter v. Goodyear

Yesterday, the Supreme Court heard oral argument in Ledbetter v. Goodyear, a case that will determine how to apply Title VII's statute of limitations to claims of gender discrimination in pay. The Court is reviewing a ruling of the Eleventh Circuit that is extremely hostile to victims of pay discrimination. Under the ruling, a claimant cannot challenge a discriminatory paycheck unless the decision to pay her less because of sex occurred within the last 180 days, or was the most recent pay decision prior to that time. Thus, discriminatory paychecks attributable to earlier decisions are, under this ruling, immune from challenge.The Equal Employment Opportunity Commission disagrees with the Eleventh Circuit. But the United States Solicitor General has disagreed with the EEOC - taking a position that, if accepted, would severly limit the agency's ability to enforce Title VII in pay discrimination cases. The Solicitor General's position is even more restrictive than the position the Eleventh Circuit adopted.

Here is a link to the transcript of the oral argument.

Paul Secunda over at Workplace Prof Blog noted a quote from Justice Scalia from the transcript that he thinks best shows the way the Court is heading in this case:

JUSTICE SCALIA: I don't really see a vast difference between a promotion and being elevated to a higher pay grade. I mean, there may be no different responsibilities but it's a single act of discrimination: "No, you're not going to move up to the next pay level." I don't see why that's different from "no, you're not going to move up to the next job."

I think Paul may be right about the direction of the Court on this issue.Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination

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Happy Thanksgiving!

We are checking out for the week for the Thanksgiving holiday. But don't worry. We will return next week with a full tummy and lots of employment law goodness. Until then, we thought we would take a short stroll down history lane regarding the pending holiday. What follows is George Washington's 1789 Thanksgiving Proclamation. According to historians, shortly after the Thanksgiving Proclamation was written it was lost for over a hundred years. It was apparently misplaced or attached to some private papers in the process of moving official records from one city to another when the capital was changed. However, it happened the original manuscript was not in the official archives until 1921 when Dr. J. C. Fitzpatrick, then assistant chief of the manuscripts division of the Library of Congress "found" the proclamation. It was at an auction sale being held at an art gallery in New York. It was written in long hand by Wm. Jackson, secretary to President Washington and was signed by George Washington. Dr Fitzpatrick purchased the document for $300.00 for the Library of Congress, where it now resides:

Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor; and Whereas both Houses of Congress have, by their joint committee, requested me "to recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness:"Now, therefore, I do recommend and assign Thursday, the 26th day of November next, to be devoted by the people of these States to the service of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union, and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enable to establish constitutions of government for our safety and happiness, and particularly the national one now lately instituted' for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge; and, in general, for all the great and various favors which He has been pleased to confer upon us.

And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech Him to pardon our national and other transgressions; to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually; to render our National Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have show kindness to us), and to bless them with good governments, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science among them and us; and, generally to grant unto all mankind such a degree of temporal prosperity as He alone knows to be best.

Given under my hand, at the city of New York, the 3d dy of October, A.D. 1789.(signed) G. Washington

Happy Holidays everyone! See you next week.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer

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Are you prepared for the aging workforce?

AARP published an interesting survey last month titled "Business Executives' Attitudes Toward the Aging Workforce: Aware But Not Prepared?" Among the interesting statistics cited in the report:

  • More than eight in ten (83%) ?strongly? or ?somewhat? agreed that workers who are approaching traditional retirement age will play a greater role in the U.S. workforce over the next decade than in previous decades.
and
  • More than nine in ten (93%) ?strongly? or ?somewhat? agreed that it is ?very? or ?somewhat? challenging to find qualified workers with the experience and skills that they need.
but
  • Only one in seven (14%) believe that their company is ?very? committed to retaining employees who are approaching retirement.
and
  • Fewer than four in ten (37%) executives either ?strongly? or ?somewhat? agreed that their organization has formal practices in place to extract important knowledge related to their business from employees that leave or retire.

Obviously companies need to take a look at ways to bridge this disconnect between what they know they need to be doing and what they actually are doing.

Hat tip to Michael Fitzgibbon for the link.Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination

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Tech Minute - Are you using RSS?

There is a link on the right side of this blog page that reads "RSS Site Feed". If you haven't already used this link to subscribe to the blog in your favorite news reader, you really should. What's that? You don't have a news reader? You don't know what RSS is? Well my friend, today is your lucky day.

RSS is an incredibly powerful tool that allows you to use a piece of software typically called a "news reader" (there are many available for download on the web for FREE) to literally keep up with the content on dozens if not hundreds of blogs and websites in less time that it would take you to travel to and review one or two the old fashioned way. To help you learn more about this really powerful tool, Dennis Kennedy and Tom Mighell have put together this RSS article for lawyers (its really great for non-lawyers too). Do yourself a favor and give it a read. You'll never surf the web the same way again. Hat tip to Human Law Blog for the link.Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination

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HR Survey Says . . .

What are HR professionals most concerned about these days? Business & Legal Reports' HR Daily Advisor recently completed a survey among members of the profession to find out.

The survey, sent to a representative sample of 6,000 of their readers a few weeks ago, asked what topics most concerned them from an HR standpoint. Here were the most often cited concerns:--Compliance: No shock here.--Retention and Recruitment: Economists estimate that business will be short more than 10 million skilled workers in the near future, as baby boomers retire and not enough trained younger workers are available to fill their slots. HR Professionals are already noticing that it's harder to find and retain talent in economically depressed or geographically remote areas.--Performance Management: Though they've been trying since they were "personnel managers," HR professionals have yet to find a surefire way to get the most out of the workforce. Traditional performance appraisals were particularly criticized by participants as being ineffectual.--Rising Healthcare Costs: They are high and going higher.--Workplace Atmospherics: In-house negativity. So-called "bad" supervisors that spread discontent cost companies in so many ways.--Developing Leadership and Teamwork: Companies talk the talk on these issues, but many never walk the walk.

What are two important issues that didn't make the list but probably should have? (1)Disaster planning and (2) Outsourcing.Hat tip to George's Employment Blawg for the link.Sexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination

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Ninth Circuit Hands Insurance Adjusters a Defeat in FLSA Action

A Ninth Circuit ruling on an overtime case was a deep disappointment to employment plaintiffs lawyers on Thursday. The Court's late-October ruling reversed a $52.5 million judgment awarded to Farmers Insurance Exchange claims adjusters who alleged that they had been misclassified as exempt and denied overtime. See In Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, ___ F.3d ___, 2006 U.S. App. LEXIS 26671 (9th Cir. Oct. 26, 2006). The Ninth Circuit held that Farmers' claims adjusters, handling claims such as automobile damage claims, property damage claims, personal injury claims and combinations of these, were all exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq.If this case stands up under en banc review, it will certainly encourage plaintiffs to file such cases exclusively in California state courts utilizing the state's more favorable state laws.
Here is a link to the opinion.

Here is an article on the decision at Law.com. Texas Overtime

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Police Chief to Cops: Get in Shape! - City to Chief: You're Fired!

Police Chief Paul Goward thought some of the cops on his police force were putting on a bit too much girth. So he sent out a memo telling the ''jelly bellies" to shape up. In the end, the department lost 190 pounds - all of them belonging to the Chief. He was forced out as chief because some of his officers took offense at the memo.The Oct. 11 memo reportedly bruised feelings on the 80-member force, drew at least one anonymous letter of complaint from officers about the chief's management style and made his department the butt of jokes about fat cops and doughnuts. In his memo, titled ''Are You a Jelly Belly," the chief never singled anyone out, and apart from the title, didn't call anyone names. Instead, he provided a list of 10 reasons police officers should be in shape. He said overweight police poorly represent the profession, poop out when chasing suspects and might have to resort to ''a higher level of force" if a criminal got the upper hand in a fight. He said out-of-shape cops are a liability to the city and their families.

Acting on anonymous complaint letters, the City Manager ousted the Chief, making the citizens of Winter Haven, Fla. safe once again for portly police. Source: Boston HeraldTechnorati Tags:

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