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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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