Video preview: Mount Lemmon Fire District v. Guido
3 minute video

Does the Age Discrimination in Employment Act (ADEA) 20 employee threshold apply to a political subdivision of a state? US Supreme Court argument will be on October 1, 2018.

Ross Runkel discusses a pending US Supreme Court case - whether the Age Discrimination in Employment Act (ADEA) applies to a political subdivision with less than 20 employees.

Mark Gaston Pearce re-nominated to the NLRB


The President has nominated Mark Gaston Pearce to be a Member of the National Labor Relations Board. [Announcement] That's bit of a surprise, because employer-side advocates have made it quite clear that they do not want him back on the Board. Of course, it could be they don't want any Democrat nominated, and are quite happy to have a 3-1 Republican majority that they have right now, rather than a 3-2 majority. 

Now we get to watch another wrestling match as the Senate decides whether to confirm this nomination. I think the Republicans in the Senate will need to see some major concession from the Democrats if that is going to happen.

Mark Gaston Pearce was sworn in as a Board Member on April 07, 2010, following his recess appointment, and was confirmed by the Senate on June 22, 2010. On August 23, 2013 he was sworn in for a second term that expired on August 27, 2018. He served as Chairman of the National Labor Relations Board from August 27, 2011- January 22, 2017. 

His most recent term expired on August 27, 2018, leaving the Board with only one Democrat vs. three Republicans.

Pearce was a founding partner of the Buffalo, New York law firm of Creighton, Pearce, Johnsen & Giroux, where he practiced union and plaintiff side labor and employment law. Prior to his entry into private practice Mr. Pearce was an attorney and District Trial Specialist in the Buffalo NY Regional office of the NLRB. By appointment of the Governor of the State of New York Mr. Pearce served on several commissions as well as the New York State Industrial Board of Appeals, where he ruled on appeals of wage and hour decisions of the NYS Department of Labor. He has taught at Cornell University's School of Industrial Labor Relations Extension, and is a Fellow in the College of Labor and Employment Lawyers. Mr. Pearce received his Juris Doctor from University at Buffalo Law School of the State University of New York, and his Bachelors degree from Cornell University.

Supreme Court cases set for argument

Four employment law cases are set for argument at the US Supreme Court this fall, starting on opening day - October 1, 2018.

ADEA: Mount Lemmon Fire District v. Guido [Briefs] raises the issue of whether a local government is covered by the Age Discrimination in Employment Act even if it has less than 20 employees. To be argued Oct. 1, 2018. My comments: Does ADEA 20-employee minimum apply to local governments? US Supreme Court will decide

Arbitration: New Prime Inc. v. Oliveira [Briefs] raises two issues: (1) whether an independent contractor's arbitration agreement is covered by the Federal Arbitration Act, and (2) whether the trial court (rather than an arbitrator) should resolve that threshold question. To be argued Oct. 3, 2018. My comments: Who decides arbitrability question? US Supreme Court will decideCan an independent contractor have a "contract of employment"?


Class-action arbitration: Lamps Plus Inc. v. Varela [Briefs] raises this issue: "Whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements." To be argued Oct. 29, 2018. My comments: Class action arbitration case hits US Supreme Court.

Payroll tax: BNSF Railway v. Loos [Briefs] – Whether a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act. To be argued November 6, 2018. My comments: Another railroad payroll tax case hits the US Supreme Court