The Actual Changes To The Text Of Rule 26(b) Fed.R.Civ.P. 26(b)(1) now says, Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the […]
Category: Featured Stories
Supreme Court Allows Non-Profit, Church Affiliated, Hospitals to Continue to be Exempt from ERISA
In Advocate Health Care Network v. Stapleton, 581 US __, 2017 WL 2407476 (2017), the U.S. Supreme Court affirmed long standing precedent that non-profit, church-affiliated hospitals are exempt from ERISA requirements. Employee pension plans are generally subject to the requirements of ERISA. However, “church plans” are excluded from ERISA coverage. 29 U.S.C. § 1003(2). A […]
AFL-CIO Opposes the Nominations of Marvin Kaplan and William Emanuel to the NLRB
Link to PDF: AFL-CIO Opposes Nominations
WELA Press Release: New Pregnant Workers Law
On May 17, 2017 Governor Inslee signed the pregnant workers accommodations act that Washington Employment Lawyers Association (WELA) worked so hard to get passed. WELA member Katherine Chamberlain prepared this press release from WELA and sent it out Wednesday: Wednesday, May 17, 2017 New Law Requires Washington Employers to Help Pregnant Workers Remain Part of […]
NLRB Determinations Regarding NLRA Coverage of Housekeeping versus Theology Faculty at Religious Universities
In Saint Xavier University, 365 NLRB No. 54 (April 6, 2017), the National Labor Relations Board found that housekeepers of a self-identified religious educational institution are within the Board’s jurisdiction. The Board applied Hanna Boys Center, 284 NLRB 1080 (1987), finding that non-teaching employees of religious institutions or nonprofit religious organizations will be covered unless […]
Ninth Circuit Rules in Favor of Employees in Two Sexual Harassment Cases
On March 24, 2017, the Ninth Circuit determined in Anderson v. CRST International, Inc., et al, No. 15-55556 that a jury could find that an employer’s remedy in response to a female truck driver’s sexual harassment complaint was not enough even though the employer separated her from the offending co-worker. The Ninth Circuit explained: “[] […]
11th Circuit Finds Title VII Does Not Protect Against Sexual Orientation Bias
The 11th Circuit in Evans v. Georgia Regional Hospital, Case No. 4:15-cv-00103-JRH-GRS (March 10, 2017) finds that Title VII doesn’t protect sexual orientation bias. This is in contrast to the EEOC’s interpretation, which is stated on its website as: “While Title VII of the Civil Rights Act of 1964 does not explicitly include sexual orientation or […]
Labor & Employment Law Developments Under the Trump Administration
National Labor Relations Board (NLRB): On January 25, 2017, Philip A. Miscimarra (R) appointed as acting chair to the NLRB. People’s World website reports that prior to 2013, Miscimarra worked for several law firms with a reputation for union-busting and as an NLRB Board member, he “consistently dissented from rulings favoring working people that have […]
SCOTUS to Decide Whether Title IX Compliance Requires Treating Transgender Students Consistent with Gender Identity
SCOTUS will hear oral arguments in Gloucester County School Board v. G.G. on March 28, 2017. The Department of Education issued a letter providing guidance that Title IX compliance requires schools to generally treat transgender students consistent with their gender identity … or schools could lose federal funding. The Gloucester County school board appealed of […]
Texas Court Prohibits Implementation of ACA Protections for the Transgender Community and Women Seeking Abortions
On December 31, 2016, Judge Reed O’Connor of the United States District Court for the Northern District of Texas entered an injunction to apply nationwide in Franciscan Alliance v. Burwell, Case No. No. 7:16-cv-00108-O. The order prohibits the Department of Health and Human Services (HHS) from enforcing the portions of the nondiscrimination rule under ACA […]