Nat'l Labor Relations Bd. v. Transportation Management Corp.

Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

Nat'l Labor Relations Bd. v. United Insurance Co. of America

Holding that "all of the incidents of the relationship must be assessed and weighed with no one factor being decisive"

Romano v. Merrill Lynch, Pierce, Fenner Smith

Upholding conclusion that employees classified as department managers did not meet executive exemption

N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Nat'l Labor Relations Bd. v. Browning-Ferris Industries of Pennsylvania, Inc.

Holding that joint employer situation exists only when "two or more employers exert significant control over the same employees . . . [where] they share or co-determine those matters governing essential terms and conditions of employment"

Laurel Sand & Gravel, Inc. v. CSX Transportation, Inc.

Prill v. N.L.R.B

In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."

N.L.R.B. v. Bolivar-Tees

Finding that the party arguing to pierce the veil "bears the burden of proving that there are substantial reasons for doing so"

Autonation, Inc. v. Nat'l Labor Relations Bd.

Finding employer's claim that it fired employee due to job abandonment to be a pretext because employer knew that employee had filed for unemployment benefits and was under the impression that he had already been terminated and yet the company did nothing to correct the employee's alleged misimpression

Naperville Ready Mix, Inc. v. N.L.R.B

Noting Board did not invoke "sham transaction" doctrine where legal transfer of title was undisputed