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SCOTUS Weighs Class Action Waivers in Employment Agreements

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

U.S. Supreme Court Rejects De Novo Review for EEOC Subpoenas

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

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

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

Supreme Court Agrees to Decide Enforceability of Class Action Waivers in Employment Agreements

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

Divided Supreme Court Allows Public Unions’ Agency Fee Collection to Continue

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

Supreme Court Allows Use of Statistical Sampling in Class Actions, But Only In Narrow Circumstances

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

Supreme Court Invalidates NLRB Recess Appointments

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

Supreme Court Issues Two Employer-Friendly Title VII Decisions

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

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