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The Legal Stuff
BT Currents - Hot Topics in Employment Law

20 Apr En Banc Panel Rules in Favor For Administrator In Pay Disparity Case

The question before the panel was simple: can an employer justify a wage differential between male and female employees by relying on prior salary? Based on the text, history, and purpose of the Equal Pay Act, the panel held that prior salary – whether alone or in combination with other factors – may not justify a difference in pay between male and female workers doing the same job.   The opinion was written by Judge Stephen R. Reinhardt prior to his death in early April…

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05 Mar Which Side Will Justice Gorsuch Fall On Public Sector Union Fees?

  Last week, the U.S. Supreme Court heard the issue of whether public sector agency shop arrangements violate the First Amendment.   Hearing this issue for a second time, the court will decide whether to overturn a 1977 ruling that held that the service charges used to finance expenditures by the public sector union for collective bargaining, contract administration, and grievance adjustment purposes, are valid, even if the public employee is not a union member.   Just last year, the court examined this very issue in…

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22 Jan SCOTUS Declines to Consider Whether Tribal Courts Have Jurisdiction to Adjudicate Employment Claims

  The question of tribal jurisdiction arose when a group of current and former employees of two Arizona public school districts filed complaints with the Navajo Nation Labor Commission.   The districts operate schools on land leased from the Navajo Nation and most of the districts’ employees are members of that tribal nation. Among various complaints before the commission, the employees alleged that the districts owed them merit pay under Arizona law and others alleged that the districts violated their rights under the Navajo Preference…

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13 Dec Can’t Touch This: Seventh Circuit Panel Backs Tenured Teacher Law

  In Elliott v. Board of School Trustees of Madison Consolidated Schools, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously upheld a federal district court’s ruling that the layoff provision of Indiana’s 2011 Senate Bill 1 (SB 1) violated the federal Contract Clause when applied retroactively to a teacher who earned tenure before the new law took effect. The decision was issued on Dec. 4.   For more than 80 years, Indiana’s 1927 teacher tenure law has created contractual…

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30 Nov School Boards Beware: ‘Control the Clock and Control the Game’ Policy Loses in Court of Appeals

  Comparing the legendary basketball coach Dean Smith’s “control the clock and control the game” strategy, the U.S. Court of Appeals for the Eleventh Circuit in Barrett v. Walker Cty. Sch. Dist., 872 F.3d 1209 (11th Cir. 2017) struck down a Georgia school district’s policy that restricted public comment at school board meetings.   The court’s decision in Barrett, arose from failed efforts of the school’s union president to secure a speaking slot during an upcoming board meeting. Although not mandated by Georgia law, the…

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