On June 3, 2019, the U.S. Supreme Court in Fort Bend County, Texas v. Davis unanimously held that Title VII’s charge-filing requirement is mandatory for claimants, but not jurisdictional. Stated plainly, employees can still...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
On December 1, 2018, the amendments to Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), which governs class actions, went into effect. The amendments codify certain procedures the courts have been requiring or...more
In New Prime Inc. v. Oliveira, -- U.S. – (2019), the Supreme Court made two primary holdings: First, notwithstanding its recent decision affirming the ability of parties to an arbitration agreement to delegate issues of...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
On April 9, the Ninth Circuit Court of Appeals issued its decision in Rizo v. Yovino, which held that salary history may not be used by an employer as a factor when defending gender disparities in initial wages, whether...more
Monday, in EEOC v. Abercrombie & Fitch Stores, Inc. the Supreme Court held that making employment decisions based on assumptions related to religion (or any other protected class for that matter) can trigger liability under...more
6/3/2015
/ Abercrombie & Fitch ,
Disparate Treatment ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
Retailers ,
SCOTUS
For employers, dealing with the Ebola "crisis" is not as theoretical as it has been made out to be. There are already a number of laws, regulations, and guidance in place to help pave the path for employers. This country has...more
During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more
7/14/2014
/ Burwell v Hobby Lobby ,
Canning v NLRB ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FMR LLC ,
Harris v Quinn ,
Hobby Lobby ,
Lawson ,
Lawson v FMR ,
NLRA ,
NLRB ,
Sandifer v U.S. Steel Corp ,
SCOTUS ,
US Steel ,
Wage and Hour ,
Wages