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Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Alyssa Peters

Mercer Law Review

This Article surveys enacted and pending revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2012 through May 31, 2013.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

After last year's blockbuster year, the United States Supreme Court was relatively quiet in the area of employment discrimination during the 2012 survey period. The High Court's most significant ruling was its decision in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, in which the Court held that the First Amendment's Establishment and Free Exercise Clauses create a "ministerial exception" that barred a disability discrimination lawsuit against a religious organization.

However, the United States Court of Appeals for the Eleventh Circuit offset the Supreme Court's inactivity by handing down six published Title VII opinions and ten published decisions in …

Labor And Employment, Patrick L. Coyle, Alexandra Garrison Barnett, Brooks A. Suttle

Mercer Law Review

Courts within the United States Court of Appeals for the Eleventh Circuit handed down a number of important labor and employment opinions during the January 1, 2012 to December 31, 2012 survey period.' The following is a discussion of those opinions.

I. FAMILY AND MEDICAL LEAVE ACT

II. LABOR MANAGEMENT RELATIONS ACT

III. NATIONAL LABOR RELATIONS ACT

IV. FAIR LABOR STANDARDS ACT

V. GEORGIA RESTRICTIVE COVENANT LAW

Narrative Pluralism And Doctrinal Incoherence In Hosanna-Tabor, Frederick Mark Gedicks

Mercer Law Review

The federal laws prohibiting employment discrimination are among the most important statutes ever enacted. They constitute the most significant federal commitment to eradication of the unjustified discrimination in the economic sector that has persisted since Reconstruction. The laws nevertheless did not address one significant issue: whether and how anti-discrimination norms should apply to ministers and other religious leaders employed by churches and other religious congregations.

The laws are not wholly silent, to be sure. They allow religious groups to discriminate in favor of members of their own religion when they hire leaders, thus avoiding (what we might hope are) hypothetical …

The Supreme Court's Interpretation Of The Fair Labor Standards Act's Anti-Retaliation Provision In Kasten V. Saint- Gobain Performance Plastics Corporation: Putting Policy Over Plain Language?, Lawrence D. Rosenthal

Mercer Law Review

Similar to statutes such as Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), all of which contain anti-retaliation provisions, the Fair Labor Standards Act (FLSA), which protects employees with respect to wages and hours, also contains such provision. Unfortunately, not all of these provisions are identical, which has led courts to interpret them differently, granting more protection under some provisions and less protection under others. ...

This Article will examine the FLSA's anti-retaliation provision, and it will focus on whether its language covers …