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U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v....more

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Federal Arbitration Act Preempts California Ban on Mandatory Arbitration Contracts, Ninth Circuit Holds

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more

9th Circuit Provides Important Reminders for Religious Employers

Recently, the 9th Circuit applied, in an unpublished opinion, the U.S. Supreme Court’s broad definition of minister for purposes of the “ministerial exception.” Under the ministerial exception, religious institutions have a...more

U.S. Chamber of Commerce Seeks En Banc Review of Decision on FAA Preemption and California’s AB 51

As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more

‘Ministerial Exception’ Bars Lay Teachers’ Job Discrimination Claims, U.S. Supreme Court Rules

The First Amendment Religion Clauses exempt religious employers from suit by school teachers for alleged employment discrimination, the U.S. Supreme Court has held. The Court issued its decision on July 8, 2020, in two...more

U.S. Supreme Court Hears Argument On Whether ‘Ministerial Exception’ Covers Lay School Teachers

Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important...more

U.S. Supreme Court To Decide Whether ‘Ministerial Exception’ Covers Catholic School Teachers

The U.S. Supreme Court has agreed to review two consolidated cases that will afford it an opportunity to develop the “ministerial exception” to employment discrimination laws it first announced in a 2012 case, Hosanna-Tabor...more

Employer Successfully Defends Rounding Policy By Showing It Did Not Disfavor Employees

A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No....more

California Supreme Court Rebuffs Plaintiffs’ Attempt To Undo Their Agreements Waiving Second Meal Period

The California Supreme Court has upheld the ability of California health care workers who work more than twelve hours a day voluntarily to waive their second meal period, rebuffing plaintiffs’ argument that their voluntary...more

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