Five employment law cases we are watching involve compensability of security screenings, whisleblowing, lifetime health care coverage, pregnancy discrimination, and EEOC’s duty to conciliate discrimination claims.
- Integrity Staffing Solutions, Inc. v. Busk – Whether time spent in security screenings is compensable under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act. Oral argument October 8, 2014.
- Department of Homeland Security v. MacLean – Whether certain statutory protections codified in the Whistleblower Protection Act, which are inapplicable when an employee makes a disclosure “specifically prohibited by law,” can bar an agency from taking an enforcement action against an employee who intentionally discloses Sensitive Security Information. Oral argument November 4, 2014.
- M&G Polymers USA, LLC v. Tackett – Whether, when construing collective bargaining agreements in Labor Management Relations Act (LMRA) cases, courts should presume that silence concerning the duration of retiree health-care benefits means the parties intended those benefits to vest (and therefore continue indefinitely), as the Sixth Circuit holds; or should require a clear statement that health-care benefits are intended to survive the termination of the collective bargaining agreement, as the Third Circuit holds; or should require at least some language in the agreement that can reasonably support an interpretation that health-care benefits should continue indefinitely, as the Second and Seventh Circuits hold. Oral argument November 10, 2014.
- Young v. United Parcel Service – Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are “similar in their ability or inability to work.” Oral argument December 3, 2014.
- Mach Mining v. EEOC – Whether and to what extent a court may enforce the Equal Employment Opportunity Commission’s mandatory duty to conciliate discrimination claims before filing suit. Oral argument to be scheduled for January 2015 or later.
[Keep up with current SCOTUS employment law cases at US Supreme Court Watch.]