The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
7/18/2024
/ Acheson Hotels LLC v Laufer ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Remedies ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Civil Rights Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disability Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Fringe Benefits ,
Government Agencies ,
Hiring & Firing ,
Labor Disputes ,
Labor Relations ,
Lateral Transfers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Misclassification ,
Muldrow v City of St Louis ,
Murray v UBS Securities LLC ,
NLRA ,
NLRB ,
Over-Time ,
Reinstatement ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
SEC v Jarkesy ,
Sex Discrimination ,
Smith v Spizzirri ,
Standard of Proof ,
Starbucks Corp. v McKinney ,
Statute of Limitations ,
Statutory Interpretation ,
Title VII ,
Unemployment Benefits ,
Unfair Labor Practices ,
Union Organizers ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Summer’s the time to sit back and relax and catch up on some light reading you’ve been meaning to get to. And what better way to spend time poolside or at the beach than to scroll through some links from Fisher Phillips? Here...more
6/6/2023
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Artificial Intelligence ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Heat Exposure ,
Hiring & Firing ,
Non-Compete Agreements ,
Religious Accommodation ,
SCOTUS ,
Traveling Employee ,
Work Schedules ,
Workplace Safety
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
5/1/2023
/ Artificial Intelligence ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mental Health ,
NLRB ,
OFCCP ,
OSHA ,
SCOTUS
When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman...more
In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more
President Trump officially selected Judge Amy Coney Barrett to fill the empty seat on the Supreme Court bench, filling the vacancy caused by Justice Ruth Bader Ginsburg’s death. Assuming she is confirmed by the Senate, Judge...more
9/28/2020
/ Arbitration ,
Class Action ,
Collective Actions ,
Confirmation Proceedings ,
Corporate Counsel ,
Employment Discrimination ,
Employment Litigation ,
Federal Court Litigation ,
Freedom of Religion ,
Immigrants ,
Judicial Appointments ,
Presidential Nominations ,
Retaliation ,
SCOTUS ,
Sexual Violence Policies ,
Trump Administration
Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more
8/10/2020
/ ADEA ,
Affordable Care Act ,
Arbitration ,
Arbitration Agreements ,
Babb v Wilkie ,
Benefit Plan Sponsors ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Comcast Corp. v National Association of African American-Owned Media ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
DACA ,
Department of Homeland Security v Regents of the University of California ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Intel Corp. Investment Policy Committee v. Sulyma ,
LGBTQ ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Race Discrimination ,
Religious Discrimination ,
Religious Institutions ,
Retirement Plan ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Trade Secrets ,
Transgender ,
Trump Administration
The U.S. Supreme Court declined to weigh in on the question of whether employers can use prior salary history as a defense in equal pay claims, leaving an open question around the country about whether such a justification is...more
A Massachusetts federal court just ruled that gig workers cannot escape arbitration provisions by claiming they are exempt transportation workers. The September 30 decision in Austin v. DoorDash marks the second win for gig...more
10/18/2019
/ Arbitration Agreements ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Gig Economy ,
Independent Contractors ,
Interstate Commerce ,
New Prime v Oliveira ,
SCOTUS ,
Transportation Industry
Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more
10/7/2019
/ ADEA ,
Age Discrimination ,
But For Causation ,
DACA ,
Department of Homeland Security (DHS) ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
Race Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Statute of Limitations ,
Title VII ,
Transgender ,
Trump Administration
In a highly anticipated move, the U.S. Supreme Court today agreed to consider a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination...more
4/22/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII
The $100 million settlement announced Monday by a transportation company to resolve a long-running misclassification claim might be the direct result of a January Supreme Court decision, and might be a troubling harbinger of...more
3/13/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Corporate Counsel ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
After the Supreme Court ruled a few weeks ago that independent contractors working “in interstate commerce” were exempt from arbitration pacts due to a broad interpretation of the Federal Arbitration Act (New Prime v....more
2/20/2019
/ Appeals ,
Arbitration Agreements ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Gig Economy ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
My colleagues Andy Scott and Felix Digilov reported on last week’s Supreme Court decision that rejected a trucking company’s effort to force its drivers to arbitrate their wage and hour claims against the company, despite the...more
1/23/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Gig Economy ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
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
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
Supreme Court Justice Anthony Kennedy’s announcement of his impending retirement, effective the end of next month, provides President Trump with the opportunity to reshape the Court in a manner not seen in decades. If the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more
12/7/2017
/ Affordable Care Act ,
Appeals ,
Attorney General ,
Decriminalization of Marijuana ,
Electronic Filing ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Workweek ,
Federal Labor Laws ,
Filing Deadlines ,
Fines ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Independent Contractors ,
IRS ,
Joint Employers ,
LGBTQ ,
Marijuana ,
Misclassification ,
Paid Leave ,
Proposed Legislation ,
Proposed Rules ,
Rest and Meal Break ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Tax Penalties ,
Title VII ,
Uber ,
UK ,
Wage and Hour ,
Work Schedules ,
Workplace Illness and Injury Reporting
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more
10/7/2017
/ Appeals ,
Arbitration Agreements ,
Car Dealerships ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Freedom of Religion ,
LGBTQ ,
NLRA ,
NLRB ,
Public Accommodation ,
Public Sector Unions ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Service Advisors ,
Sexual Orientation Discrimination ,
Shop Fee Arrangements ,
Statute of Limitations ,
Title VII ,
Travel Ban ,
Trump Administration ,
Unpaid Overtime ,
Whistleblowers
It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more
10/7/2017
/ Appeals ,
Class Action ,
DACA ,
Dear Colleague Letter ,
Delivery Drivers ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Gig Economy ,
Google ,
GrubHub ,
Hurricane Irma ,
Janus v AFSCME ,
Misclassification ,
Obama Administration ,
OFCCP ,
Over-Time ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Public Sector Unions ,
Rescission ,
SCOTUS ,
Secretary of Labor ,
Sexual Assault ,
Shop Fee Arrangements ,
Title IX ,
Travel Ban ,
Trump Administration ,
White-Collar Exemptions
In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more
7/7/2017
/ Administrative Interpretation ,
Advocate Health Care v Stapleton ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Department of Labor (DOL) ,
Discrimination ,
Electronic Records ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Interlocutory Appeals ,
Joint Employers ,
Medical Marijuana ,
Microsoft v Baker ,
Minimum Salary ,
Misclassification ,
New Legislation ,
NLRB ,
Opinion Letter ,
OSHA ,
Over-Time ,
Popular ,
Public Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title III ,
Travel Ban ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Uber ,
Unfair Labor Practices ,
Website Accessibility ,
White-Collar Exemptions
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more
5/5/2017
/ Computer Programmers ,
Corporate Counsel ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Gig Economy ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
NLRB ,
Obscenity ,
On-Demand Services ,
OSHA ,
Protected Concerted Activity ,
Salary/Wage History ,
SCOTUS ,
Secretary of Labor ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Tribal Employees ,
Trump Administration ,
Unions ,
USCIS ,
Young Lawyers