Recently by Daniel J. Venditti
Supreme Court Rejects "Mixed-Motive" Burden-Shifting Under The ADEA
The U.S. Supreme Court recently held in Gross v. FBL Financial Services, Inc .1that a plaintiff alleging a claim of age discrimination must, in all cases, prove by a preponderance of the evidence that age was the "but-for" cause of the challenged adverse employment action. In other words, the...
Read MoreEnactment Of The Employee Free Choice Act Will Reshape The Labor Landscape - Part II
In last month's edition of The Metropolitan Corporate Counsel , we discussed the proposed provisions of the Employee Free Choice Act ("EFCA") (H.R. 1409, 111th Cong.; S.560, 111th Cong.), which would amend the National Labor Relations Act ("NLRA") in several significant respects. This month, we...
Read MoreEnactment Of The Employee Free Choice Act Will Reshape The Labor Landscape - Part I
Part II of this article, appearing in the May issue of The Metropolitan Corporate Counsel, will discuss the current political climate surrounding this legislation, other competing legislation, and measures to take by employers if the legislation is enacted. Sweeping change in the workplace may be...
Read More