Taking Care of HR Business
        A blog from the attorneys of Verrill

        Benchslapped! EEOC & NLRB May Have to Pull Out Their Debit Cards

        May 20, 2016

        For those employment lawyers who believe that the EEOC and NLRB have tended to overreach of late (i.e., the defense bar), two separate decisions handed down against those agencies caused a distinct feeling of schadenfreude.1

        Or, as one legal scholar noted in a somewhat different context, “Hey! Gotta gotta pay back!! (The big payback).”

        On Thursday, the Supremes ruled (8-0) that the EEOC may be ordered to pay an employer’s attorneys’ fees under Title VII when the agency’s lawsuit is dismissed because it failed to satisfy its pre-suit requirements. The ruling in CRST Van Expedited, Inc. v. EEOC reversed the 8th Circuit’s decision that a ruling on the merits of the underlying discrimination claim is required for an employer to be deemed a “prevailing party” that can seek its fees. It sets up a remand to the 8th Circuit in which CRST Van Expedited, Inc. is expected to seek approximately (gulp) $4.5 million in legal fees.

        Separately, the U.S. District Court for the Northern District of Alabama ruled that two defendants are entitled to $46,015 in fees incurred in resisting an NLRB petition for injunctive relief, concluding, “No reasonable person, with knowledge of the facts and the law of this Circuit, would find the Director’s position was substantially justified.” (The opinion in Harrell v. Ridgewood Health Care Center Inc. is here, through Bloomberg – subscription required.)

        All in all, a pretty terrible day for the feds, the kind that makes your bladder splatter and your liver quiver.

        1Gentle reader, your humble correspondent almost linked to the urbandictionary.com definition of this term before realizing that this blog’s editors would shoot it down in a New York second. You are invited to peruse said entry on your own nickel.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Media Mentions

        Robert Keach Provides Commentary on First Brands Restructuring in Law360

        Verrill attorney Robert Keach was quoted in the Law360 article, "First Brands' Ch. 11 Plan Revives Angst Over Admin Claims," discussing First Brands...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...