Samia Kirmani on SCOTUS

U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more

4/26/2024 / Adverse Employment Action , Civil Rights Act , Employee Transfers , Employer Liability Issues , Employment Discrimination , Employment Litigation , Hiring & Firing , Lateral Transfers , Muldrow v City of St Louis , SCOTUS , Sex Discrimination , Title VII

Bolstering the Semiconductors CHIPS Act With Foreign STEM Workers

The nation’s semiconductor chip shortage has far-reaching implications for industries ranging from consumer electronics to national security. The Creating Helpful Incentives to Produce Semiconductors for America Act (CHIPS...more

12/20/2023 / Affirmative Action , Civil Rights Act , Equal Employment Opportunity Commission (EEOC) , Foreign Workers , O-1 Aliens of Extraordinary Ability , SCOTUS , Semiconductors , STEM , Supply Chain , Technology Sector , Title VII , Visas

Ten DEI Steps Employers Should Consider Now

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

9/6/2023 / Affirmative Action , Civil Rights Act , Diversity , Diversity and Inclusion Standards (D&I) , Employment Discrimination , Equal Protection , Policies and Procedures , Race Discrimination , SCOTUS , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VI

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students...more

7/6/2023 / Affirmative Action , Civil Rights Act , College Admissions , Diversity , Fourteenth Amendment , SCOTUS , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VII , Universities , Wage and Hour

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

6/28/2023 / Arbitration Agreements , Automatic Stay , Coinbase Inc v Bielski , Cryptocurrency , Federal Arbitration Act , Fraud , Interlocutory Appeals , Motion to Compel , Pre-Trial Motions , SCOTUS , Stays

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more

12/15/2022 / Appeals , Arbitration , Arbitration Agreements , Class Action , Coinbase , EFTA , Federal Arbitration Act , Interlocutory Appeals , Motion to Compel , SCOTUS

Class Action Trends Report June 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

U.S. Supreme Court Deals Blow to California’s Private Attorneys General Act

Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held....more

6/16/2022 / Arbitration Agreements , California , Class Action , Federal Arbitration Act , Labor & Workforce Development Agency (LWDA) , Private Attorneys General Act (PAGA) , SCOTUS , Viking River Cruises

U.S. Supreme Court Holds Waiver of Arbitration Rights Does Not Require Showing of Prejudice

A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision....more

5/24/2022 / Arbitration , Arbitration Agreements , Collective Actions , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , No Prejudice Rule , SCOTUS

Supreme Court Considers Scope of FAA’s Transportation Worker Exemption

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? This question is pending before the U.S. Supreme Court in Southwest Airlines Co. v. Saxon (No. 21-309), a...more

4/6/2022 / Arbitration Agreements , Exemptions , Federal Arbitration Act , Federal Aviation Administration (FAA) , Oral Argument , SCOTUS , Southwest Airlines , Transportation Industry

U.S. Supreme Court Rejects Courts’ Use of ‘Look-Through’ Approach in Reviewing Arbitration Awards

A federal court must have an independent jurisdictional basis to confirm or vacate an arbitration award and cannot “look through” to the underlying dispute to establish jurisdiction, the U.S. Supreme Court has ruled in a case...more

4/4/2022 / Arbitration , Arbitration Awards , Corporate Counsel , Employer Liability Issues , Federal Arbitration Act , SCOTUS

U.S. Supreme Court to Review California Representative Action Waivers in Arbitration Agreements

The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may...more

12/20/2021 / Arbitration Agreements , Bilateral Agreements , Class Action , Epic Systems Corp v Lewis , Federal Arbitration Act , Private Attorneys General Act (PAGA) , SCOTUS

U.S. Supreme Court Roundup – 2018-2019

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

7/10/2019 / Age Discrimination , Arbitration , Auer Deference , Civil Rights Act , Class Arbitration , Corporate Counsel , Equal Employment Opportunity Commission (EEOC) , Federal Arbitration Act , Fort Bend County Texas v Davis , Kisor v Wilkie , Lamps Plus Inc v Varela , Mount Lemmon Fire District v Guido , Parker Drilling Management Services Ltd v Newton , SCOTUS , Title VII , Wage and Hour

U.S. Supreme Court: Employment Class Arbitration Must Be Expressly Addressed In Contract

Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by...more

4/25/2019 / Ambiguous , Appeals , Arbitration , Arbitration Agreements , Class Arbitration , Consent , Federal Arbitration Act , Federal v State Law Application , Jurisdiction , Lamps Plus Inc v Varela , Motion to Compel , Preemption , Reversal , SCOTUS

Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers Are Exempt From FAA

In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors...more

1/17/2019 / Appeals , Arbitration Agreements , Commercial Truck Drivers , Employment Contract , Exceptions , Federal Arbitration Act , Independent Contractors , Motion to Compel , New Prime v Oliveira , Question of Arbitrability , Reaffirmation , SCOTUS

Samia Kirmani

Jackson Lewis P.C.

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