Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Should Employers Guess Their Applicants’ Religion? SCOTUS Expected to Face Accommodations Issues Head On

The Supreme Court of the United States is poised to decide a case that should clarify employers’ obligations to provide applicants with accommodations for their religious practices. Simply put, the question is whether...more

5/27/2015 - Abercrombie & Fitch EEOC v Abercrombie Employment Policies Hiring & Firing Reasonable Accommodation Religious Accomodation Religious Clothing SCOTUS

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with...more

4/30/2015 - Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC Mining SCOTUS Sex Discrimination Title VII

Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant...more

3/26/2015 - Discrimination Popular Pregnancy Discrimination Reasonable Accommodation SCOTUS Substantial Burden Trucking Industry UPS Young v United Parcel Service

Will Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision

In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity...more

3/20/2015 - Affirmative Defenses EEOC Enforcement Actions Judicial Review Mach Mining v EEOC SCOTUS

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a...more

3/10/2015 - Administrative Procedure Act Corporate Counsel DOL FLSA Legal History Mortgage Loan Officer Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc SCOTUS Wage and Hour

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?

With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42...more

2/25/2015 - Collective Bargaining Discrimination Essential Functions PDA Pregnancy Pregnancy Disability Leave Law Pregnancy Discrimination SCOTUS Sex Discrimination Trucking Industry Unions UPS Young v United Parcel Service

Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case

On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals...more

1/28/2015 - Airlines DHS v Maclean Disclosure Law Enforcement Public Disclosure SCOTUS TSA Whistleblowers

Supreme Court Rejects Analysis of Duration of Retiree Benefits As Contrary to Contract Law

On January 26, 2015, the Supreme Court of the United States resolved a long-standing dispute between the Sixth Circuit Court of Appeals and the remainder of the federal judiciary in a case concerning the extent to which...more

1/28/2015 - CBAs Collective Bargaining Employee Benefits Employer Group Health Plans Employer Healthcare Costs Essential Health Benefits M&G Polymers v Tackett Retirement SCOTUS Vested Benefits

PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review

Yesterday, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS...more

1/21/2015 - American Express v Italian Colors Restaurant AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Preemption Remand SCOTUS Trucking Industry

SCOTUS Rules CAFA Removal Notices Need Contain Only a Plausible Allegation That Amount in Controversy is Satisfied

On December 15, 2014, the Supreme Court of the United States decided a critical issue regarding Class Action Fairness Act of 2005 (CAFA) removals. Specifically, the Supreme Court settled a controversy surrounding what...more

12/16/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Federal Jurisdiction Notice Requirements Removal SCOTUS

Supreme Court Rules Security Screenings Are Not "Integral and Indispensable" to Principal Activities and Thus Not Compensable

On Tuesday, December 9, 2014, the Supreme Court of the United States ruled that the time workers spend waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA)....more

12/10/2014 - Corporate Counsel FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Supreme Court to Decide Who Is Entitled to the Federal Health Care Subsidy

Are the federal government’s subsidies to purchasers of health insurance available only to those who purchase insurance from state-run exchanges or to those who purchase from federal health care exchanges as well? Was the...more

11/12/2014 - Affordable Care Act Halbig v Burwell Health Insurance Health Insurance Exchanges IRS King v Burwell Popular SCOTUS Subsidies Tax Credits

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

7/1/2014 - Collective Bargaining First Amendment Harris v Quinn Healthcare Medicaid Public Employees Right to Work SCOTUS Union Dues Unions

Supreme Court Clarifies ESOP Fiduciaries’ Obligations

On June 25, 2014, the Supreme Court of the United States ruled that a fiduciary of an “employee stock ownership plan” (ESOP) is subject to the same duty of prudence that the Employee Retirement Income Security Act (ERISA)...more

6/26/2014 - Employee Benefits ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS U.S. Bancorp

SCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?

Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United...more

6/25/2014 - Collective Bargaining Healthcare Medicaid Public Employees SCOTUS Unions

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

6/20/2014 - First Amendment Lane v Franks et.al Protected Activity SCOTUS Subpoenas Testimony Trials

Supreme Court Lets Two FLSA Rulings Stand: Yes on Personal Liability and Undocumented Workers’ Standing to Sue

Last week, the Supreme Court of the United States decided that it would not review two wage and hour cases. The first, Catsimatidis v. Irizarry, which was resolved through a settlement agreement, considered whether an...more

3/19/2014 - FLSA Personal Liability SCOTUS Undocumented Immigrants Wage and Hour

Is an End-of-Shift Security Clearance Compensable? The Supreme Court Will Decide Next Term

On Monday, March 3, 2014, the Supreme Court of the United States agreed to decide whether a company was required to pay overtime compensation to its workers for the time they spent passing through a security clearance at the...more

3/7/2014 - Employer Liability Issues FLSA SCOTUS Security Unpaid Overtime

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