
Talk about a busy day for employment and labor lawyers! Workplace Prof Blog discusses how the Supreme Court's newly released opinion in Buckeye Check Cashing, Inc. v. Cardegna, a case addressing arbitration clauses, might affect employment arbitration agreements. For a thoughtful and thorough analysis, read Professor Richard Bales' post, Buckeye, Separability, and Employment Arbitration Agreements.
For another great read, take a look at Howard Bashman's How Appealing blog. Howard has a report on a
Finally, SCOTUSblog has a post about an employment discrimination opinion released today by the Supreme Court. It is a per curiam opinion in Ash v. Tyson Foods, Inc. In this opinion, the Court takes issue with the standard applied by the Eleventh Circuit when deciding whether an employer's proffered justification for its hiring decisions is pretextual. The Supreme Court wasn't too keen on the Eleventh Circuit's you know it's a pretext when the disparity in the qualifications of the favored and disfavored employee "is so apparent as virtually to jump off the page and slap you in the face" standard. Gee, what a surprise.




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