Labor and employment roundup

  • Judge rules in first California “suitable seating at work” trial [The Recorder; earlier here, here]
  • On business travel: “Injury During Sex is Work-Related and Compensable, Aussie Court Holds” [Workplace Prof]
  • On the other hand: “Running in High Heels Was Probably Enough to Defeat This Workers’ Comp Claim” [Lowering the Bar]
  • Illinois federal court rules that unpaid volunteers may be covered by Title VII discrimination law [Eric Sigda, GTLE Blog]
  • Seattle to pay drama teacher $750K for not accommodating wishes re: renovation of building [Seattle Times, meanwhile]
  • Recalling AP v. NLRB, 1937, in which SCOTUS rejected First Amendment defense to Wagner Act, over Sutherland dissent [Gerard Magliocca, ConcurOp]
  • House Oversight Committee blasts NLRB for pro-union bias [press release and staff report PDF, Goldberg Segalla]


  • True or not, given the abilities evinced by this last Congress’ Republican majority, quoting its committees in support of a position is not wise.


  • @boblipton: A Republican majority in only one house HAS no capabilities, so cannot be blamed for not accomplishing anything except gridlock. Get real. (Besides, against this president and Senate, gridlock is good.)

    I hope K-mart’s opponents will appeal; not allowing cashiers to sit down is gratuitous meanness, and I’m astounded that any employer wants it that way.

  • So sex-injury while on a business trip was a detour rather than a frolic, if you remember your tort class.