The National Labor Relations Board has just agreed to consider forcing employers to defend unfair practice claims twice—once before an arbitrator, and then again before the Board. The case is Babcock v. Wilcox Constr., No. 28-CA-022625 ("Babcock"). Interested parties are invited to submit briefs to the Board on whether it should maintain
Samantha M. Clancy
U.S. Supreme Court Rules that Title VII Permits Third-Party Retaliation Claims
By Samantha M. Clancy & Kimberly A. Craver on
The United States Supreme Court has unanimously held that an employee may bring Title VII retaliation claims where he or she is subject to an adverse employment action, because someone else “closely related” to the employee engaged in protected activity, such as filing a charge of discrimination or opposing discrimination.
In Thompson v. North American …
U.S. Department of Labor Says Mortgage Loan Officers Are Typically Non-Exempt
By Samantha M. Clancy & E. David Krulewicz on
This post was also written by Robert M. Jaworski.
The United States Department of Labor (“DOL”), Wage and Hour Division, recently published an Administrator’s Interpretation that takes the position that mortgage loan officers with certain “typical” job duties are not subject to the administrative employee exemption of the Fair Labor Standards Act. The DOL…