Employee Rights Supreme Court of the United States

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
News & Analysis as of

EEOC’s Revised Pregnancy Guidance: Now, Just Barely More Flexible!

Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The...more

The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of...more

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more

Supreme Court’s Marriage Decision Should Prompt Employers’ Review of All Employment Policies

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. … Their...more

Same-Sex Marriage Ruling Will Impact Employers

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is...more

Supreme Court Says Constitution Requires States to License Same-Sex Marriages

In another blockbuster 5-4 ruling authored by Justice Kennedy, in Obergefell v. Hodges, 576 U.S. ___. ____ (2015), the U.S. Supreme Court has held that the Fourteenth Amendment to the Constitution requires a state to license...more

Supreme Court Ruling on Marriage of Same-Sex Couples Has Employee Benefit Plan Implications

On Friday, the Supreme Court, overturning a Sixth Circuit Court of Appeals ruling, affirmed that the Constitution requires states to permit same-sex couples to marry and to recognize such marriages legally celebrated...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

What the Supreme Court Same-Sex Marriage Ruling Means to Employers

The Supreme Court ruled today that state laws banning same sex marriage are unconstitutional under the 14th Amendment to the United States Constitution. While this holding does not directly implicate employers or their...more

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more

U.S. Supreme Court Recognizes Fundamental Right To Same-Sex Marriage Nationwide: Impact of the Decision on Employers

In a landmark decision, the U.S. Supreme Court recognized a fundamental right for same-sex couples to marry throughout the country. In a 5-4 opinion authored by Justice Anthony Kennedy, the Court held that the Due Process...more

Of Interest: U.S. Supreme Court Finds Constitutional Support For Same-Sex Marriage

Note: Though the Supreme Court's decision in Obergefell v. Hodges (issued Friday) does not directly implicate an employment issue, the opinion represents a significant shift in U.S. culture and society, and therefore is...more

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and...more

The Line Out of This Place Is as Long as the Amazon.com River

This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given...more

Supreme Court Declines to Rule on Same-Sex Marriage Cases - What Does This Mean for Employers?

On Monday, the U.S. Supreme Court refused to hear appeals from five states seeking to uphold same-sex marriage bans. At issue was the constitutionality of same-sex marriage bans in Indiana, Oklahoma, Utah, Virginia and...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

Update on Same-Sex Employee Benefits

In recent months employers around the country, have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships. This articles touches on some recent guidance in...more

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

U.S. Supreme Court to Address the Pregnancy Discrimination Act, Even as EEOC Issues Its Own Guidance on the Same Subject

Pregnancy discrimination has generated a lot of press this summer. On July 1, the Supreme Court agreed to hear Young v. United Parcel Services, Inc., which raises fundamental questions about the protections pregnant women are...more

Workplace Law Has Come a Long Way, Baby!

In 1964, Nicholas Katzenbach, the Attorney General of United States, ordered Ollie's Barbecue, a tiny restaurant in Birmingham, Ala., to desegregate. When the U.S. Supreme Court upheld that order, the newly passed Civil...more

The Supremes Sing Out About Control: It is the Primary Test for Deciding Whether a Worker is an Employee or an Independent...

In December 2008, newspaper carrier Maria Ayala sued Antelope Valley Newspapers on behalf of herself and a putative class of other newspaper carriers. The crux of her allegations in the complaint is that Antelope Valley...more

Supreme Court Agrees to Consider Pregnancy Accommodation Obligation

On July 1, the U.S. Supreme Court granted review of a case from the Fourth Circuit Court of Appeals (which includes North and South Carolina) that may resolve a circuit split with regard to employers’ obligations to provide...more

Supreme Court to Review EEOC’s Charge Conciliation Obligation

Under Title VII and related federal civil rights laws, if the Equal Employment Opportunity Commission finds cause to believe that an employee’s rights have been violated, the agency is required to attempt to negotiate a...more

Public Sector Unions Take a Hit in Recent Supreme Court Decision

The United States Supreme Court recently held in Harris v. Quinn that the First Amendment protects certain "quasi-public" employees from being forced to pay fees to a public sector labor union that they don't support. While...more

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