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Ross' Employment Law Blog

By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - World's Best.

Copyright (c) 2006, Ross Runkel

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ERISA preempts San Francisco Health Care Security Ordinance

Posted Wednesday January 9, 2008, 11:26 am, Over one day old

United States District Court for the Northern District of California has held that San Francisco's Health Care Security Ordinance is preempted by ERISA. The ordinance would require private employers with 20 or more employees to make heath care expenditures of specific amounts per hour of work.

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Shopping mall cannot prevent newspaper employees from urging boycott of mall tenants

Posted Wednesday January 9, 2008, 11:26 am, Over one day old

After reviewing Pruneyard and other intervening decisions, the court held that the shopping mall's rule was viewpoint-neutral but not content-neutral "because it prohibits speech that urges a boycott while permitting speech that does not," and therefore is subject to strict scrutiny.

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Age discrimination disparate impact case heads to Supreme Court

Posted Wednesday January 9, 2008, 11:26 am, Over one day old

The Meacham case presents the legal issue of whether it's the plaintiffs or the defendant that bears the burden of proof on an important aspect of a disparate impact age discrimination case: proving (or disproving) that the employer's decision "is based on reasonable factors other than age."

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Supreme Court will decide ADA accommodation case

Posted Saturday December 8, 2007, 11:31 am, Over one day old

Wal-Mart Stores, Inc (certiorari granted 12/07/2007) [ Details, briefs ] Decision below: Huber v. The employer's position is that it has a nondiscriminatory policy of hiring the most qualified applicant, and that giving the router position to the most qualified applicant does not violate the ADA.

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LaRue v DeWolff - Transcript of an ERISA case in the US Supreme Court

Posted Monday November 26, 2007, 11:31 am, Over one day old

If you want to save some time, Paul Secunda at Workplace Prof Blog has a pretty nice blow-by-blow description of the argument. Also, Stephen Rosenberg at Boston ERISA and Insurance Litigating Blog has some interesting comments on the argument.

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Will Supreme Court find a remedy for ERISA fiduciary breach?

Posted Sunday November 25, 2007, 8:04 am, Over one day old

James LaRue had a 401(k) plan, but the plan's administrator didn't follow his investment instructions. (1) Does � 502(a)(2) of ERISA permit a participant to bring an action to recover losses attributable to his account in a 'defined contribution plan' that were caused by fiduciary breach?

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DHS will re-write rule on no-match letters, asks to suspend litigation

Posted Saturday November 24, 2007, 10:45 am, Over one day old

Previous history: On October 10, 2007 the US District Court for the Northern District of California issued an order granting a motion for a preliminary injunction barring the government from implementing its final rule entitled "Safe Harbor Procedures for Employers Who Receive a No-Match Letter."

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US Supreme Court will decide labor preemption case

Posted Wednesday November 21, 2007, 11:31 am, Over one day old

Sitting en banc, the 9th Circuit held that these two sections "do not undermine federal labor policy, are not preempted by the NLRA [National Labor Relations Act] and do not violate the First Amendment." Gov?t Code �� 16645.2, 16645.7, preempted by federal labor law?"

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Supreme Court rips EEOC

Posted Wednesday November 7, 2007, 11:37 am, Over one day old

It was a case that seemed dry as toast, inviting a fairly standard analysis of whether a court must defer to an administrative agency's interpretation of an undefined word in a statute. I'll give the award to Justice Scalia. But only if the EEOC has the political will to change.

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FedEx v. Holowecki transcript

Posted Wednesday November 7, 2007, 11:37 am, Over one day old

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