Nefertari S. Rigsby

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Update: Time Spent Going Through Security Is Not Indispensable and, Therefore, Is Not Compensable

In an important decision under the Fair Labor Standards Act, the Supreme Court has issued a ruling in Busk v. Integrity Staffing Solutions, Inc. in favor of employers. As previously discussed in October, the Court had to determine whether employers are required to pay their hourly employees for time spent going through an anti-theft security … Continue Reading

Religious Challenges by For-Profit, Secular Employers and the Affordable Care Act

On November 26, 2013, the Supreme Court of the United States agreed to hear challenges to the requirement that employer-provided health insurance include certain contraceptive methods.  The Supreme Court will consider two cases: Hobby Lobby Stores, Inc., et al., v. Sebelius, et al. from the Tenth Circuit Court of Appeals and Conestoga Wood Specialties Corp., … Continue Reading

A New Protected Class?: LGBT Workplace Discrimination and the Employment Non-Discrimination Act of 2013

Congress is currently considering the creation of a new protected class for purposes of workplace discrimination.  The Employment Non-Discrimination Act (ENDA) would create a new federally-protected class of individuals: lesbian, gay, bisexual and transgender applicants and employees.  Generally, ENDA will prohibit employment discrimination on the basis of sexual orientation and gender identity by covered entities.  … Continue Reading

“My Prior Complaint Was One of the Reasons for the Adverse Employment Action”: Mixed Motive Theories for Retaliation Claims Under Title VII

Recently, the Supreme Court heard oral arguments in University of Texas Southwestern Medical Center v. Nassar, which addresses the causation standard for retaliation claims under Title VII. The Supreme Court has already held that Title VII permits plaintiffs to pursue discrimination claims on a mixed motive theory. A plaintiff only needs to prove that discrimination … Continue Reading

Who Is Really A Supervisor? Employer liability for hostile work environment claims

The Supreme Court recently held oral arguments in the case Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011), which addresses the meaning of a “supervisor” in hostile work environment claims.  If the Court applies a broad definition, the decision may have negative implications for employers defending against hostile work environment claims. When … Continue Reading

Looking Out For Your Employees’ Health – Wellness Programs

On August 20, 2012, the Eleventh Circuit held in Seff v. Broward County, Florida that the ADA’s safe harbor provision allows employers to deduct a fee from the paychecks of employees who choose not to participate in a wellness program. Broward County offers its employees a group health insurance plan.  Beginning in 2009, employees enrolling … Continue Reading

The Dukes Aftermath

In June 2011, the Supreme Court rejected the certification of a class of 1.5 million female employees of Wal-Mart Stores, finding that the plaintiffs’ claims lacked commonality.  Following this ruling, the plaintiffs in the Dukes case amended their original complaint, alleging claims of sex discrimination that only included women in Wal-Mart’s California regions.  Shortly thereafter, … Continue Reading

NLRB Posting Rule Upheld

On March 2, 2012, Judge Amy Berman Jackson of the United States District Court for the District of Columbia held that the National Labor Relations Board (“Board”) lawfully promulgated Subpart A of its Rule, “Notification of Employee Rights under the National Labor Relations Act” which requires employers to post a notice of employee rights.  However, … Continue Reading