Entries by Labor

Texas v. EEOC: Sound and Fury Signifying Nothing?

By Joe Murray On Aug. 6, 2019, the 5th Circuit rocked the EEOC by permanently enjoining the use of the 2012 EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 (“Conviction Guidance”) as binding in any respect. Texas v. EEOC, […]

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Enduring Tedium: The Future of Fights Over Electronically Stored Information

By Sean F. Herrmann “Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first substantive legal decision on eDiscovery begins with this pithy observation. Employment litigators often lament the virtual hellscape of discovering electronically stored information (“ESI”). But the era when paper was king is long dead, and the fight is now firmly […]

Keep Out: NLRB Allows Further Restrictions of Union Access to Employers’ Property

By George J. “Jerry” Oliver In a June 14, 2019, decision, the National Labor Relations Board clarified whether an employer may limit non-employee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so, the NLRB overruled a precedent held for nearly four decades that allowed non-employee union organizers to […]

Appellate Update

By Joe Murray It’s our semi-regular roundup of appellate decisions, with two non-appellate highlights at the end. McCaffery v. Chapman, No. 17-2198 (4th Cir. April 9, 2019) (1st Amendment): Why does anyone want to be a sheriff’s deputy? It seems to have all the negatives of being a government employee with even fewer benefits. McCaffrey […]

Nothing To Croak About: Westmoreland v. TWC

By Sean F. Herrmann Judge Niemeyer’s fiery dissent in Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. May 22, 2019) has people talking more than the typical employment discrimination case. In it, Judge Niemeyer proclaims: Congress would croak to learn that the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., would […]

NLRB General Counsel Says Uber Drivers Aren’t ‘Employees’ For Labor Law Purposes

By Robin Shea Last week, the General Counsel of the National Labor Relations Board publicly released an Advice Memorandum saying that Uber drivers are not “employees” with protections under the National Labor Relations Act. The memorandum, issued on April 16, indicates possibly tougher times for all workers in the gig economy. The General Counsel concluded […]

How Not to Terminate an Employee

By Joe Murray I don’t know if Waste Connections, Inc. (WCI) discriminated against Jimmy Haynes when it terminated him in October 2015, but I do know that it did just about everything wrong from an HR standpoint. Because Haynes had to use the McDonnell-Douglas framework to prove his case, those mistakes allowed the 4th Circuit […]