News & Analysis as of

What 2013 Gifts will Employers be Enjoying well into 2014?

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

August 2013: Appellate Update

U.S. Supreme Court Concludes October 2012 Term. The U.S. Supreme Court concluded its October 2012 Term in June with a number of highly publicized cases on issues like race and gay marriage, but equally notable are the Term’s...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

U.S. Supreme Court Issues Three Decisions Favorable to Employers

By the end of this year’s term, the United States Supreme Court had issued three “employer-friendly” decisions. While the decisions do not dramatically alter the employment law landscape, employers will still welcome the...more

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Recent Pro-Employer Opinions by the Supreme Court

The Supreme Court issued two employment law opinions at the end of June that are generally viewed as beneficial to employers....more

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more

United States Supreme Court Issues Two Employer-Friendly Decisions With Far-Reaching Impact in Employee Harassment Cases

On June 24, 2013, the United States Supreme Court issued two employer-friendly opinions that substantially narrow potential liability for claims of supervisor misconduct and retaliation under Title VII of the Civil Rights Act...more

California Employment Law Notes - July 2013

Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar. Today, we’ll...more

Recent United States Supreme Court Decisions Affecting Employers

Just recently, the United States Supreme Court issued two decisions affecting employers where employees allege unlawful retaliation or harassment under Title VII. In University of Texas Southwestern Medical Center v. Nassar,...more

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Supreme Court rulings favor employers in retaliation, discrimination cases

Recently, the U.S. Supreme Court issued two decisions that will make it more difficult for employees to pursue various employment claims under Title VII of the Civil Rights Act of 1964....more

Part 1 of 2: The U.S. Supreme Court Issues Two Employer-Friendly Opinions On Title VII In Vance v. Ball State Univ. and Univ. of...

On one day recently, the U.S. Supreme Court issued employer-friendly opinions in two separate and long-awaited cases interpreting Title VII of the Civil Rights Act of 1964 (known simply as “Title VII”), the primary federal...more

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

U.S. Supreme Court Limits Employer Liability In Title VII Supervisory Harassment Cases

In a significant decision issued on June 24, 2013, the U.S. Supreme Court held that employers are vicariously liable for unlawful harassment committed by a supervisor only if the supervisor is empowered by the employer to...more

Employers Win Big In Two New U.S. Supreme Court Cases

The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more

Burr Alert: Historic Supreme Court Term Includes Two Favorable Decisions For Employers

News agencies flocked to Washington D.C. to witness the end of the United States Supreme Court's October 2012 term expecting something momentous. Handing down historic decisions on such controversial issues as affirmative...more

Words that Make or Break a Client Relationship

In a week of landmark rulings on same-sex marriage and voting rights, it was easy to miss a significant employment law decision issues by the U.S. Supreme Court. That is doubly true in California, where plaintiffs prefer...more

U.S. Supreme Court Decision Limits Employer Liability in Title VII Cases

Vance v. Ball State University - You may be aware of the U.S. Supreme Court decision in Vance v. Ball State University, issued on June 24, 2013, which held that an employer is not strictly liable for a supervisor’s...more

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