Employment Law

Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores - Post-Argument SCOTUScast

SCOTUScast 3-11-15 featuring Rachel Paulose
Rachel K. Paulose March 11, 2015

On February 25, 2015, the Supreme Court heard oral argument in Equal Opportunity Employment Commission v. Abercrombie & Fitch Stores, Inc. This case asks whether knowledge of a required Title VII religious accommodation and an applicant or employee's clear notice of their "religious observance or practice" to their prospective or current employer is required for an employer to be held liable for violating Title VII of the Civil Rights Act of 1964 for choosing not to hire an applicant or dismissing an employee because of said "religious observance or practice."

To discuss the case, we have Rachel Paulose, who is a former Senate Confirmed United States Attorney.

Mach Mining v. Equal Employment Opportunity Commission - Post-Argument SCOTUScast

Post-Argument SCOTUScast featuring Paul Mirengoff
Paul E. Mirengoff January 27, 2015

On January 13, 2015, the Supreme Court heard oral argument in Mach Mining v. Equal Employment Opportunity Commission. This case involves the Equal Employment Opportunity Commission's (EEOC) Title VII duty to investigate claims of discrimination levied against an employer and to make good faith efforts to eliminate discriminatory employment practices before filing suit against that employer. The question this case asks is whether and to what extent a court may enforce the EEOC's duty to conciliate discrimination claims before filing suit.

To discuss the case, we have Mr. Paul Mirengoff, Mr. Mirengoff is a retired attorney in Washington, D.C. and is a blogger at

Integrity Staffing Solutions v. Busk - Post-Decision SCOTUScast

SCOTUScast 12-18-14 featuring Karen Harned
Karen Harned December 18, 2014

On December 8, 2014, the Supreme Court issued its decision in Integrity Staffing Solutions v. Busk. This case concerned whether time employees spend undergoing mandatory security screenings after work is compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act, which clarifies that certain activities are generally not compensable working time under the FLSA.

Justice Thomas delivered the opinion for a unanimous Court, which held that the time that employees spent waiting to undergo (and undergoing) security screenings is not compensable under the FLSA. Justice Sotomayor filed a concurring opinion, which Justice Kagan joined. The judgment of the Ninth Circuit was reversed.

To discuss the case, we have Karen Harned, who is the Executive Director of the National Federation of Independent Business Small Business Legal Center.

Young v. United Parcel Service - Post-Argument SCOTUScast

SCOTUScast 10-15-14 featuring Teresa Collett
Teresa Collett December 15, 2014

On December 3, 2014, the Supreme Court heard oral argument in Young v. United Parcel Service. This case concerns whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to employees who are not pregnant but have work limitations, to provide work accommodations to pregnant employees who share similar abilities and limitations.

To discuss the case, we have Teresa Collett, who is a Professor of Law at the University of St. Thomas School of Law.

The Minimum Wage - Event Video

2014 National Lawyers Convention
Ross Eisenbrey, Diana Furchtgott-Roth, Karen Harned, David Weil, William Kuntz November 14, 2014

In January 2014, in his State of the Union Address, President Obama called on Congress to raise the national minimum wage to $10.10 an hour.  In February, President Obama used his pen to raise the minimum wage for employees working on government contracts to $10.10 through an Executive Order.  This panel will explore the policy and economics of increasing the minimum wage, which the White House asserts will lift wages for millions of Americans and boost the bottom lines of businesses.

The Federalist Society's Labor & Employment Law Practice Group presented this panel on "The Minimum Wage" on Thursday, November 13, during the 2014 National Lawyers Convention.


  • Mr. Ross Eisenbrey, Vice President, Economic Policy Institute and former Member, U.S. Occupational Safety and Health Review Commission
  • Ms. Diana Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy Research, former chief economist, U.S. Department of Labor
  • Mrs. Karen R. Harned, Executive Director, National Federation of Independent Business Small Business Legal Foundation
  • Hon. David Weil, Administrator, Wage and Hour Division, U.S. Department of Labor
  • Moderator: Hon. William F. Kuntz, II, United States District Court, Eastern District of New York

Mayflower Hotel
Washington, DC