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
After four days of hearings, Judge Ketanji Brown Jackson’s confirmation to the U.S. Supreme Court seems likely. While Judge Jackson emerged from the hearings with solid Democratic support across the ideological spectrum, the...more
The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools. The measure, however, will likely expand an...more
President Joe Biden has nominated Ketanji Brown Jackson, a judge on the U.S. Court of Appeals for the District of Columbia Circuit, to the U.S. Supreme Court. Fulfilling a campaign promise to nominate the first African...more
It is anticipated that President Joe Biden will soon announce his pick to succeed Justice Stephen Breyer on the U.S. Supreme Court.
With that announcement imminent, we are continuing our “Road to the U.S. Supreme Court”...more
On January 27, 2022, Justice Stephen Breyer formally announced his retirement from the nine-member U.S. Supreme Court, effective at the start of the 2022 summer recess....more
The U.S. House of Representatives has passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate for...more
11/30/2021
/ Affordable Care Act ,
Child Care ,
Clean Energy ,
Employee Contributions ,
Energy Storage ,
Family and Medical Leave Act (FMLA) ,
Individual Retirement Account (IRA) ,
Joe Biden ,
NLRA ,
OSHA ,
Popular ,
Proposed Legislation ,
Retirement Plan ,
Roth IRA ,
Solar Energy ,
Tax Credits
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. According to the White House, the IIJA will play an important role in rebuilding and improving roads,...more
11/24/2021
/ Anti-Money Laundering ,
Climate Change ,
Construction Industry ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Davis-Bacon Act ,
Drinking Water ,
Employee Retention ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Environmental Remediation Costs ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Joe Biden ,
Labor Shortage ,
Manufacturers ,
Popular ,
Roads ,
Technology Sector ,
Transportation Industry ,
Wage and Hour
The right of plaintiffs to sue for technical violations of the Fair Credit Reporting Act (FCRA) and other federal privacy laws has been the subject of much class litigation in recent years. The U.S. Supreme Court addressed...more
7/1/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more
5/13/2021
/ Business Expenses ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender Discrimination ,
Non-Exempt Employees ,
Pay Equity Laws ,
Race Discrimination ,
Reimbursements ,
Remote Working ,
Rest and Meal Break ,
Return-to-Work Agreements ,
Statute of Limitations ,
Telecommuting ,
Vaccinations ,
Wage and Hour
On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more
4/12/2021
/ Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Leave ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Healthcare Facilities ,
Hiring & Firing ,
Retailers ,
Retaliation ,
Whistleblowers ,
Wrongful Termination
Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more
2/26/2021
/ ADEA ,
Age Discrimination ,
Appellate Courts ,
But For Causation ,
Causation ,
Civil Rights Act ,
Discrimination ,
Disparate Treatment ,
Equal Employment Opportunity Commission (EEOC) ,
Retaliation ,
SCOTUS ,
Summary Judgment ,
Title VII
Is a single utterance of an offensive racial slur – specifically the “N-word” – enough to create a hostile work environment under Title VII of the Civil Rights Act of 1964?
A Black operating room aide in Dallas, Texas,...more
An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not...more
As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys...more
For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs...more
Signaling an agency culture reset, the Equal Employment Opportunity Commission (EEOC) is proposing a regulation that promises to make the EEOC conciliation process more efficient and transparent. In theory, the changes will...more
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump nominated the Honorable Amy Coney Barrett to the U.S. Supreme Court. This episode of We get work™ addresses Justice Ginsburg’s legacy as it relates to...more
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A...more
“Incentive” or “service” awards to lead plaintiffs in Federal Rule of Civil Procedure 23 (Rule 23) class actions are unlawful, the U.S. Court of Appeals for the Eleventh Circuit has ruled in a suit brought under the Telephone...more
The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as...more
The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The...more
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more
8/6/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Class Action ,
COBRA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retention ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
No-Poaching ,
OSHA ,
Personal Protective Equipment ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Wage and Hour ,
WARN Act ,
Workplace Safety
As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th.
There...more
7/13/2020
/ Arbitration ,
Best Practices ,
Compliance ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Health and Safety ,
Hiring & Firing ,
Independent Contractors ,
LGBTQ ,
Litigation Strategies ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Racial Bias ,
Return-to-Work Agreements ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Webinars ,
Whistleblowers ,
Wrongful Termination