NLRB Clarifies "Wright Line" Test

When motive is at issue in resolving certain unfair labor practices under the National Labor Relations Act (NLRA), the National Labor Relations Board (the Board) utilizes the burden-shifting framework established under Wright Line to make a determination. In Tschiggfrie Properties, Ltd., the Board took the opportunity to clarify the initial burden of proof required by the General Counsel in light of what it perceived to be confusion over a number of its recent decisions, as well as criticism from a number of federal courts, including, most recently, the Eighth Circuit. More ›

The Eighth Circuit Examines When Partners are Owners as Opposed to Employees Covered by the ADEA

Earlier this week, the Eighth Circuit affirmed a Missouri district court's decision in Von Kaenel v. Armstrong Teasdale, LLP. This case of first impression for the circuit court involved an equity partner at Armstrong Teasdale LLP, Joseph S. von Kaenel, who was forced out at age 70 at the conclusion of 2014. He alleged that but for the firm's mandatory retirement policy in the firm's partnership agreement, he would have retired at or around 75. He filed suit in federal court, where the central issue was whether he was an employee covered under the Age Discrimination in Employment Act (ADEA). The Eighth Circuit concluded that he was not an employee covered by the ADEA.

While this ruling is specific to law firms, all businesses using a partnership model, especially multitiered partnerships, should proceed with caution in applying this decision.

Read our Lawyers for the Profession® alert about the case to learn more.

Eighth Circuit to Decide Viability of Bringing Class Action Claims Under the ADA

The U.S. Court of Appeals for the Eighth Circuit will soon be deciding a case that may have important implications on the viability of class actions for employment discrimination under the Americans with Disabilities Act (ADA). In Harris v. Union Pacific Railroad, the Eighth Circuit will look at whether a large class can be certified in ADA litigation notwithstanding certain individualized inquiries inherent to the ADA. More ›

Hold the Mayo: Jimmy John's Workers' Disparaging Statements Not Protected by the NLRA Says 8th Circuit

How far can employees go during a labor dispute to make their case to the public? For years the National Labor Relations Board (NLRB) has granted employees a surprising amount of leeway, so long as their statements were not made with malicious intent and pertained to an ongoing labor dispute. In other words, employees could go quite far. Fortunately for employers, the 8th Circuit Court of Appeals recently tamped down this enthusiasm and redirected the NLRB to long-standing Supreme Court precedent. More ›