On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old...more
7/3/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
Joseph Kennedy coached football at Bremerton High School, a public school in Washington State. After football games, Kennedy led prayers at the 50-yard line among players, coaches, fans, and, sometimes, politicians. The...more
Summary -
On January 13, 2022, the Supreme Court “split the baby” on two federal vaccine mandates. The Court stayed the OSHA “vaccine or test” rule, but allowed the Centers for Medicare & Medicaid Services (CMS) vaccine...more
1/20/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
As previously reported here, the Supreme Court recently issued decisions staying the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS) and upholding the Centers for...more
Summary -
The U.S. Supreme Court denied a petition for certiorari in the case of Grimm v. Gloucester County School Board on June 28, 2021. Justices Clarence Thomas and Samuel Alito said that they would have granted the...more
In a unanimous ruling on February 21, the U.S. Supreme Court narrowed the definition of a whistleblower under the Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act)....more
3/1/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more
In a landmark decision, the Seventh Circuit has become the first federal court of appeals to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals because of their sexual...more
On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a...more
The U.S. Court of Appeals for the Second Circuit recently handed employers another victory in the fight over enforcement of class action waivers....more