Fish v. Pompton Restaurant Assocs., Inc., 2010 WL 2867921 (App. Div., July 20, 2010) – In this case, the Appellate Division rejected a catering manager’s claim for overtime, also under the administrative exemption. The court identified the following specific factors supporting its finding: 1) she booked events at the banquet hall; (2) she planned menus with individual customers; (3) she ensured that the chefs complied with customers’ special requests; (4) she had discretion to negotiate prices with potential customers; (5) she did not have to punch in and out like other employees; and (6) she directed the waitstaff when necessary.
On May 17, 2018, the Missouri General Assembly adopted a comprehensive rewrite of Missouri public sector labor law in House Bill 1413 (HB 1413), which primarily concentrates on the public sector labor law provisions of Chapter 105 of the Missouri Code.
In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and inappropriate,” did not exceed the National Labor Relations Act’s (NLRA) protection. The court cautioned, however, that the claimant’s conduct sits at the “outer-bounds of protected, union-related comments.”
Will Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision
In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity Commission (EEOC) in discrimination cases. In Mach Mining, L.L.C. v. Equal Employment Opportunity Commission, the Court will consider language in Title VII requiring the EEOC to “endeavor to eliminate any . . . alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” Specifically, the question is whether—and to what extent—courts may review the EEOC’s efforts to conciliate discrimination claims before the agency files suit against an employer. Employers argue that the EEOC’s failure to conciliate provides them with an affirmative defense to the merits of a discrimination suit.