On June 29, 2023, the Supreme Court of the United States determined the constitutionality of the race-based admissions policies employed by Harvard College and the University of North Carolina in the landmark cases Students...more
7/10/2023
/ Affirmative Action ,
College Admissions ,
Colleges ,
Diversity ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Universities
As is tradition, the United States Supreme Court likes to save its blockbuster opinions until the end of the term. Such is the case with the June 28 ruling in Groff v. Dejoy, where the Court, while indicating that it was...more
Employers with 100 or more employees can breathe a sigh of relief as the United States Supreme Court has come to the rescue and blocked the Emergency Temporary Standard (ETS) put in place by OSHA.
How Did We Get Here?...more
1/20/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
Masks ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more
5/21/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
In a 5-4 decision this week, the Supreme Court ruled in Epic Systems v. Lewis that class action waivers in employer/employee arbitration agreements are as lawful and enforceable as any other contract. The Court’s decision...more
5/25/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
Last month, the Rhode Island Fair Employment Practices Act was amended to require employers with 4 or more employees to provide reasonable accommodations to employees and prospective employees with a “condition”. Such...more
Are Employers in the 34 States Without Exchanges Subject to Penalties? -
Despite the fact that there is no longer any disagreement in the lower courts, the Supreme Court on Friday, November 7, 2014, made the unusual...more