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| We are pleased to send you The KZR Quarterly Report From Counsel on Labor & Employment Law. This is the first Report From Counsel being distributed by email and some of you will be receiving the Report for the first time. Unlike our KZR Labor & Employment Law Alerts, which are intended to alert you to important developments as they occur, the Report From Counsel is a quarterly report which provides more in-depth analyses of important recent developments. |
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THE NEW HAVEN FIREFIGHTERS' CASE: HOW THIS LANDMARK CASE AFFECTS EMPLOYERS
This is the case in which the City of New Haven discarded the results of a promotion
test because too few minority candidates passed. It will have a broad impact on the
types of employment tests that employers can use and what they can do with the
results once the
test is given.
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SUPREME COURT RAISES THE BAR FOR EMPLOYEES CLAIMING
AGE DISCRIMINATION
As a result of this case, employees claiming age discrimination have a higher standard
of proof than in other types of discrimination cases. One big question: Will Congress
override the Supreme Court?
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SUPREME COURT AFFIRMS AT&T'S LIMITATION OF PENSION BENEFITS
For many years, AT&T allowed no more than 30 days’ pension credit for maternity
leave, even if the leave exceeded 30 days. That practice became illegal when the
Pension Discrimination Act was passed. This case focuses on how to calculate
pension benefits for employees who took maternity leave before the 30-day
limitation became illegal.
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ARBITRATION OF STATUTORY DISCRIMINATION: RAMIFICATIONS OF PENN PLAZA FOR EMPLOYERS
This article discusses the practical implications of the Supreme Court’s recent decision
in Penn Plaza v. Pyett which upheld a collective bargaining provision requiring
unionized employees to arbitrate claims of statutory discrimination. Will this decision,
which seems favorable to employers, help or hurt in practice?
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CALLING THE POLICE: CAN THIS BE AN UNFAIR LABOR PRACTICE?
Is an employer committing an unfair labor practice when it calls the police to
seek assistance controlling picketing on its sidewalk? The NLRB thought so, but
the Court of Appeals disagreed.
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EFCA ("CARD CHECK") LEGISLATION: THE STALEMATE IN CONGRESS MAY BE OVER
The logjam on EFCA seems to have been broken when the Democrats dropped
their proposal for card check recognition.
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