The U.S. Supreme Court has once again confirmed that the Federal Arbitration Act (FAA) preempts incompatible state laws that preclude contracting parties from controlling which claims are subject to arbitration. Ruling in...more
6/20/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon,...more
In a unanimous decision, the U.S. Supreme Court on January 15 dealt a blow to employers in transportation industries, ruling that those workers—including those classified as independent contractors—are exempt from the Federal...more
1/18/2019
/ 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
The U.S. Supreme Court on Monday ruled that employers can lawfully require employees to resolve employment disputes through individual arbitration rather than by joining other employees in class or collective actions....more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The U.S. Supreme Court heard oral argument yesterday in three cases—NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris—to resolve whether arbitration provisions in employment agreements...more
The U.S. Supreme Court resolved a circuit court split regarding the standard of review applicable to district court decisions that evaluate the enforceability of EEOC investigative subpoenas and held yesterday that an abuse...more
President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more
2/3/2017
/ Administrative Boards ,
Chevron Deference ,
Confirmation Proceedings ,
Department of Labor (DOL) ,
Employment Discrimination ,
Joint Employers ,
Judicial Appointments ,
Justice Scalia ,
Neil Gorsuch ,
NLRA ,
NLRB ,
Nominations ,
Over-Time ,
Persuader Rules ,
SCOTUS ,
Trump Administration ,
Union Elections ,
White-Collar Exemptions
The U.S. Supreme Court has agreed to decide an important issue that has deeply divided the Courts of Appeals—are arbitration provisions in employment agreements that waive an employee's right to bring or participate in class...more
1/16/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Federal Arbitration Act ,
NLRA ,
SCOTUS ,
Section 7
In a much anticipated case, an evenly divided U.S. Supreme Court has issued a per curiam order letting stand a Court of Appeals decision that allows unions to collect dues from public employees, even if those employees do not...more
The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more
3/25/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
The U.S. Supreme Court ruled yesterday that President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB) were invalid. Justice Stephen Breyer delivered the opinion of the Court in N.L.R.B. v. Noel...more
The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more
6/25/2013
/ Adverse Employment Action ,
Discrimination ,
Harassment ,
Hiring & Firing ,
Mixed Motive Cases ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
Vance v. Ball State University