The U.S. Supreme Court recently issued a unanimous opinion in Groff v. DeJoy that effectively made it easier for employees to secure religious-based accommodations in the workplace.
Prior to DeJoy, an employer could...more
7/25/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more
6/27/2022
/ Abortion ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
MHPAEA ,
Preemption ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
The Supreme Court has stayed OSHA from enforcing its vaccine-or-test rule for large private employers. In its opinion, the Court found that Congress did not grant OSHA the authority to issue such a sweeping rule. Empowered...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...more
UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24...more
UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24...more
The CDC announced changes on December 27, 2021 to its isolation and quarantine period recommendations for those who test positive or are exposed to COVID-19. Our guidance for the workplace follows.
Updated CDC Guidance...more
12/29/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Enforcement ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Public Health ,
Quarantine ,
SCOTUS ,
Sick Employees ,
Virus Testing ,
Workplace Safety
As expected, the U.S. Supreme Court will rule on whether OSHA may proceed with its Vaccine Order for large employers. The Court will hold a special hearing on January 7, 2022. Briefings are due by December 30, 2021. The...more
The EEOC has updated its technical guidance and answers in a document entitled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The updated guidance adds six religious...more
10/28/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Exemption ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Vaccinations
In a landmark opinion, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from employment discrimination. The Court’s holding will have major...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more
3/26/2016
/ Admissible Evidence ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Class Members ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly.
Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s...more
Last month, we wrote about the Supreme Court’s opinion in Campbell-Ewald Co. v. Gomez, in which the Court ruled that “an unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and...more
A Note from the Editors -
If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more
2/12/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Employee Privacy Rights ,
EU ,
European Court of Human Rights ,
Fair Labor Standards Act (FLSA) ,
Mootness ,
Non-Disparagement Provisions ,
Private Communications ,
Reporting Requirements ,
Rule 68 ,
SCOTUS ,
Wellness Programs
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more
1/23/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Mootness ,
Offer of Judgment ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
TCPA
An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below.
Gomez: The Effect of Rule 68...more
6/29/2015
/ Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Fair Labor Standards Act (FLSA) ,
Genesis Healthcare Corp. v. Symczyk ,
Offer of Judgment ,
Rule 68 ,
SCOTUS ,
TCPA ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more
6/15/2015
/ Abercrombie & Fitch ,
Actual or Constructive Knowledge ,
Discrimination ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Interviews ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action. ...more
The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more
The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more
6/30/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
What is the impact of the U.S. Supreme Court’s Comcast decision on wage and hour class action lawsuits? That is the question the Second Circuit Court of Appeals has agreed to hear on appeal....more
As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...more
7/8/2013
/ Class Certification ,
Comcast ,
Comcast v. Behrend ,
Employee Rights ,
Employer Liability Issues ,
Full-Time Employees ,
Internships ,
SCOTUS ,
Unpaid Interns ,
Wage and Hour ,
Wages