On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more
On January 13, 2021, the United States Supreme Court (the court), in a 5-4 per curiam decision, issued stays on injunctions issued by the Western District of Louisiana and the Eastern District of Missouri against enforcement...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a unanimous decision issued on March 23, 2020, the United States Supreme Court held that a but-for causation standard applies to claims brought under Section 1981 of the Civil Rights Act of 1866. The Supreme Court also...more
4/1/2020
/ 42 U. S. C. § 1981 ,
Appeals ,
Burden of Proof ,
But For Causation ,
Civil Rights Act ,
Comcast ,
Comcast Corp. v National Association of African American-Owned Media ,
Commercial Contracts ,
Dismissals ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Racial Bias ,
Reversal ,
SCOTUS ,
Split of Authority ,
Substantial Motivating Factor Test ,
Television Broadcast Stations ,
Title VII
A recent decision by a three judge panel of the federal D.C. Circuit Court of Appeals highlights potential pitfalls for successor employers who want to establish new compensation terms. In First Student, Inc., the D.C....more
On June 3, 2019, the Supreme Court of the United States made a ruling that employers and their legal counsel need to be aware of. In Fort Bend County v. Davis, the Supreme Court ruled that the charge-filing requirements for...more
6/6/2019
/ 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
The United States Supreme Court issued its long-anticipated decision in Janus v. American Federation of State, County and Municipal Employee Council 31 on June 27, 2018. The five to four majority held that requiring...more
7/2/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
In New Guidance, DOL Gets Aggressive on “Joint Employment” -
By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint...more
2/3/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Controlled Substances Act ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Medical Marijuana ,
Mootness ,
Preemption ,
Rule 68 ,
SCOTUS ,
Settlement Offer