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

        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        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...