As many employers recall with chagrin, the National Labor Relations Board and its General Counsel were very active during the Obama administration, overturning long-established precedent, changing rules in a way that favored unions over employers, and inserting itself into employment issues where the Board traditionally had not acted.

The NLRB, now with a majority

It’s not very often an appellate court takes away a jury verdict because of the trial court’s discretionary ruling to extend a deadline. The case is Petrone v. Werner Enterprises (8th Cir. 10/10/2019).    Student drivers for Werner Enterprises brought a FLSA collective action for alleged unpaid wages earned during an eight weeks student-driver training

The U.S. Court of Appeals for the Fifth Circuit issued a potentially game-changing decision earlier this month on the EEOC’s Enforcement Guidance on criminal background checks.   The case is State of Texas v EEOC (5th Cir. 8/6/2019).   An applicant rejected for employment at the Texas Department of Public Safety  filed a complaint with

As employment cases go, the 2018–2019 adjudicative term (covered in Part I here) may go down as a year of missed chances. In Hawkins v. Grinnell Regional Medical Center, Patrick Smith wrote in June, the Justices failed to address an emotional-distress award’s excessiveness and the permissibility of a “golden rule” argument used in

The Iowa Supreme Court wrapped up its latest adjudicative term on June 28, 2019, having submitted 113 cases. More remarkable for the changes it witnessed than for its labor and employment decisions, the term began with the Court’s first new Justice since 2011.  By term’s end another had been appointed.  The Court that completed this

In July 2017, a jury in Poweshiek County, Iowa returned a verdict against Grinnell Regional Medical Center (GRMC) for $4.5 million in an age and disability discrimination lawsuit.   The Grinnell Regional case was one of a trio of million dollar plus verdicts Iowa juries returned in the spring and summer of 2017 in employment discrimination

Another excellent post from our colleague Brandon Underwood:

A good rule of thumb that trial and appellate lawyers learn early in their careers is that you generally forfeit arguments you don’t make. Suppose that a defendant takes a case to trial and loses, only to realize in briefing its appeal that the plaintiff’s lawsuit

Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019.   The Wild opinion is the most recent case addressing the rights of employees who use medical marijuana.  Although the Court was addressing the question under New Jersey law, an Iowa court


Claims of sexual harassment typically involve the behavior of fellow employees.   But, an employer’s potential liability for sexual harassment also extends to conduct by a non-employee, such as a customer, client, or patient, that creates a hostile work environment.

The principle of employer liability for harassment by a non-employee third-party presents particular challenges to the