The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more
10/5/2018
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Federal Arbitration Act ,
Gender Identity ,
Independent Contractors ,
Public Sector ,
Retaliation ,
Salary/Wage History ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour
Pick a favorite flavor, abandon all beach body goals, and disregard whether it’s anyone’s birthday: the 2017-2018 Supreme Court term saw employers having their cake and eating it, too (with only a few minor exceptions)....more
8/1/2018
/ Artis v District of Columbia ,
Brett Kavanaugh ,
Corporate Counsel ,
Digital Realty Trust Inc v Somers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Hamer v Neighborhood Housing Services of Chicago ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy Oil v NLRB ,
Navarro v Encino Motorcars ,
SCOTUS ,
Trump v Hawaii
Late yesterday, President Trump selected Judge Brett Kavanaugh to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Kavanaugh would solidify the pro-business bloc of...more
The Supreme Court today handed auto dealerships—especially those on the west coast—a long-awaited 5-4 victory by holding that service advisors are exempt from the Fair Labor Standards Act’s overtime-pay requirement because...more
4/2/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
The U.S. Supreme Court held today in a 6 to 2 decision that “structured dismissals” resolving Chapter 11 bankruptcy proceedings cannot deviate from the Bankruptcy Code’s priority scheme without the consent of the affected...more
3/23/2017
/ Absolute Priority Rule ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Truck Drivers ,
Czyzewski v Jevic Holding Corp ,
Priority Debt ,
Priority Rules ,
SCOTUS ,
Structured Dismissals ,
Unpaid Wages ,
Wage and Hour ,
WARN Act
Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,...more