Skip to main content

What I’ve Been Reading This Week


For those that may have heard, late last week there was a ruling in the U.S. Women’s National Soccer Team lawsuit against the U.S. Soccer Federation.  That case, set for trial shortly, took a major turn for the worse (for some, that is) as the Judge granted summary judgment against the U.S. Women’s National Soccer Team on a majority of their claims.  I will not spoil things further, but the below article is worth a read.

As always, below are a couple articles that caught my eye this week.


Congress Considering Providing Liability Protections For Employers As Workers Return To Workplaces

The Washington Post has an article which notes a brewing fight in Congress over whether to provide liability protections for employers should their workers contract coronavirus when they return to work.  This issue appears to be a party line fight with Senate Majority Leader Mitch McConnell and Republicans favoring providing these protections to employers while Senate Minority Leader Chuck Schumer and Democrats are lining up against it.


U.S. Women’s National Soccer Team’s Equal Pay & Gender Discrimination Claims Falter

Last year, the U.S. Women’s National Soccer Team filed suit against the U.S. Soccer Federation on a host of claims, including an equal pay claim, allegations of gender discrimination, as well as being subjected to discriminatory working conditions in relation to travel.  There had been much back and forth between the parties with a motion for summary judgment under advisement with the Court.  In a ruling that caught many by surprise, last Friday, the Judge granted summary judgment in favor of the U.S. Soccer Federation as to the equal pay and gender discrimination claims.  The ruling tried in part upon a finding that the U.S. Women’s National Soccer Team has collectively bargained for their pay structure (which included guaranteed salaries and a minimum number of players that were to be paid.)  Had there not been a collective bargaining agreement in place, I could see this request for summary judgment having been denied.  However, as many have pointed out, it is difficult to cry foul over a pay rate when you yourself bargained over those terms.  While the claim of being subjected to discriminatory working conditions lives on, I would expect to see an appeal of this summary judgment ruling.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies i...

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...