Showing 8 posts by Raymond D. Neusch.
The Supreme Retailer Challenges the Supreme Class in the Supreme Court
On December 6, 2010, in Wal-Mart v. Dukes, the Supreme Court agreed to conduct a limited review of a decision by the U.S. Court of Appeals for the Ninth Circuit in which the Ninth Circuit affirmed class certification in what is reported to be the world’s largest class action. Wal-Mart petitioned for review on two issues but the Court’s Order granting certiorari limited review to one of Wal-Mart’s and one of its own. Wal-Mart’s issue is “whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms is limited to injunctive or corresponding declaratory relief – and, if so, under what circumstances.” The Court’s issue is whether the class certification ordered under Rule 23(b) (2) was consistent with Rule 23(a) and its requirements of numerosity, commonality, typicality and adequate representation. The Ninth Circuit found that commonality and typicality existed on the basis of evidence of excessive subjectivity in personnel decisions as well as statistical and anecdotal evidence, which figured prominently in the opinion offered by plaintiffs’ expert, a sociologist. The case has sparked intense national interest since the Supreme Court’s ruling may determine, among other important issues, whether or in what circumstances claims for punitive damages are subject to class certification. Read More ›
Supreme Court Rules the FLSA Prohibits Retaliation Against Employees who Make Oral Complaints
On March 22, the U.S. Supreme Court, in Kasten v. Saint-Gobain Performance Plastics Corp., ruled that oral complaints, in addition to written complaints, about wage/hour issues are protected under the Fair Labor Standards Act’s (“FLSA”) anti-retaliation provision. The FLSA makes it illegal “to discharge or . . . discriminate against any employee because [the employee] has filed any complaint. . .” alleging an FLSA violation Read More ›
The Ohio Military Family Leave Act
With little publicity, Ohio's Military Family Leave Act ("OMFLA") took effect on July 2, 2010. The OMFLA requires all employers, public and private, with 50 or more employees, to provide unpaid military family leave to their eligible employees. Unfortunately, it is not a mirror-image of the FMLA's "covered servicemember" and "qualifying exigency" family military leave provisions. There are differences. Read More ›
U.S. Supreme Court Rules Two-Member NLRB Acted Illegally
On June 17, 2010, the United States Supreme Court took many observers by surprise. The Supreme Court ruled in New Process Steel, LP v. NLRB, No. 08-1457, that the National Labor Relations Board lacked authority to issue decisions during the 27 months it operated with only two members. The Board operated with only two members between January 2008 and March 2010, while three of its seats remained vacant. The Two-Member Board issued nearly 600 unauthorized decisions. Read More ›
Supreme Court Rules the FLSA Prohibits Retaliation Against Employees who Make Oral Complaints
On March 22, the U.S. Supreme Court, in Kasten v. Saint-Gobain Performance Plastics Corp., ruled that oral complaints, in addition to written complaints, about wage/hour issues are protected under the Fair Labor Standards Act’s (“FLSA”) anti-retaliation provision. Read More ›
When Reducing Force, Remember Your Duty to WARN
The crippling economic downturn has caused employers nationwide to reduce forces in order to sustain viability, but noncompliance with the Worker Adjustment and Retraining Notification Act (WARN) may just be the nail in the coffin for your business. Knowing when and how WARN is implemented may prove lifesaving in the unsteady economic sea that companies are currently navigating. Read More ›
New Guidelines May Apply Ohio Prevailing Wage to More Projects
The Ohio Department of Commerce, which enforces Ohio’s prevailing wage law, recently issued guidance stating that even on an otherwise privately financed construction project, workers must be paid prevailing wages whenever a public entity contributes funding or other direct support to the project. Read More ›
AFL-CIO files complaint against the National Labor Relations Board with the International Labor Organization
On October 25, the AFL-CIO filed a complaint against the National Labor Relations Board with the International Labor Orgnaization. Read More ›
Ask the Blogger
Do you have a topic that you would like discussed in a future blog article? Please let us know. If you have a confidential question regarding a blog article, please feel free to contact the article's author directly, or let us know if you would like for someone to contact you directly.
Attorney Spotlight
Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.