The IndyBar Legislative Committee is currently monitoring the following labor law related legislation.

There are two kinds of relationships an employer might have with a union. Most unionized employers have a “9(a)” relationship (named for that section of the National Labor Relations Act), meaning that they are indefinitely obligated to recognize and bargain with that union as the representative of their employees. 

On May 21, 2018, in a 5-4 decision, the Supreme Court held in a trio of cases that workplace arbitration agreements in which individual employees waive the right to pursue wage-and-hour class or collective claims in any forum are legally permissible. The decision sharply divided the court on ideological lines. 

A recent decision from the U.S. District Court for the Northern District of Illinois sheds light on how to determine what job tasks are properly considered essential functions of a position under the Americans with Disabilities Act (ADA). A plaintiff alleging that her employer denied her a reasonable accommodation for her disability must prove that she is a qualified individual, which requires showing that she can perform all the essential functions of the job with or without an accommodation. 

The following article catalogs some of Justice Kavanaugh's stances on employment-related issues, including labor relations, discrimination, and LGBTQ rights. While Kavanaugh's opinions reflect a tendency to resolve cases with a decidedly pro-business bent, it does point out there Kavanaugh may take a pro-employee stance when it comes to race discrimination cases.

The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants or employees on the basis of their religion. As part of that protection, employers are expressly obligated to accommodate religious observances and practices, absent undue hardship.

This post analyzes Judge Brett Kavanaugh’s most significant work-law opinions. Although several are already receiving attention and analysis – especially his dissent in a case that arose after a killer whale killed a trainer – Kavanaugh has drafted dozens of other opinions in labor and employment-discrimination cases.

Class action lawsuits are being filed across the country on behalf of pizza delivery drivers who claim violations of the Federal Wage and Hour Laws. In essence, the plaintiff delivery drivers claim that the pizza franchises fail to reimburse them for car expenses, which reduces their net wages to below minimum wage.

After the seizure disorder had been diagnosed, the employee was restricted in some of the essential functions of her job without reasonable accommodation. Although she had identified at least four vacant positions that she could have filled, the employer did not discuss possible accommodations as part of the interactive process. Thus, the employer violated the ADA.