SLF LABOR AND EMPLOYMENT ALERT April 2008
“Take Your Gun to Work” Law
In the last issue of the SLF Alert, we reported that the Florida House of Representatives passed CS/HB503, the “Preservation and Protection of the Right to Keep and Bear Arms in Motion Vehicles Act of 2008.” Since our last report, the Governor has signed the bill, which will now become law effective July 1, 2008. For more information, including the full text of the bill, please view the following link: http://www.myfloridahouse.gov/Sections/Bills
/billsdetail.aspx? BillId=37914&SessionId=57Sniffen Law Firm to File Amicus Brief in U.S. Supreme Court
Sniffen Law Firm will be teaming up with the law firm of Constangy, Brooks & Smith, LLC, to file an amicus brief on behalf of the National School Boards Association in the case of Crawford v. Metropolitan Government of Nashville, Case No. 06-1595. At issue in Crawford is whether the anti-retaliation provision of Section 704(a) of Title VII of the 1964 Civil Rights Act protects workers who cooperate with an employer’s internal investigation of sexual harassment. The overwhelming weight of authority from Circuit Courts of Appeal holds that involvement in internal investigations conducted by employers is not protected activity under Title VII. A copy of the decision on appeal can be viewed at: http://www.ca6.uscourts.gov/opinions.pdf/06a0828n-06.pdf.
Supreme Court Decision: Hall Street Associates LLC v. Mattel
The Supreme Court has held that the parties to an arbitration agreement may not expand the scope of review that a court may give to an arbitration award. Under the Federal Arbitration Act, there are only four narrow grounds for vacating an arbitration award. In the arbitration clause at issue, the parties attempted to create contractual grounds for vacatur of an arbitration award by including the following provision in their arbitration agreement: “The Court shall vacate . . . any award . . . where the arbitrator’s conclusions of law are erroneous.” The Court found that parties may not expand the scope of review by contract. A copy of the Court’s opinion may be viewed at: http://www.supremecourtus.gov/opinions/07pdf/06-989.pdf.
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