On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more
4/3/2025
/ Adverse Employment Action ,
Corporate Counsel ,
Damages ,
Drug Testing ,
Employee Rights ,
Employment Litigation ,
False Advertising ,
Lost Wages ,
Marijuana ,
RICO ,
SCOTUS
On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more
2/25/2025
/ 42 U.S.C. §1983 ,
Administrative Appeals ,
Administrative Procedure ,
Appeals ,
Constitutional Challenges ,
Due Process ,
Employment Litigation ,
Immunity ,
Jurisdiction ,
Preemption ,
SCOTUS ,
Unemployment Benefits
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more
1/16/2025
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Evidence ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Popular ,
Preponderance of the Evidence ,
SCOTUS ,
Split of Authority ,
Wage and Hour
The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more
7/9/2024
/ Administrative Agencies ,
Chevron Deference ,
Department of Labor (DOL) ,
General Duty Clause ,
Heat Exposure ,
Loper Bright Enterprises v Raimondo ,
NPRM ,
OSH Act ,
OSHA ,
Regulatory Authority ,
Safety Precautions ,
SCOTUS ,
Workplace Safety
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a...more
6/28/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Jury Trial ,
NLRB ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Separation of Powers ,
Seventh Amendment
On June 28, 2024, the Supreme Court of the United States upended the 40-year-old doctrine whereby federal courts gave deference to administrative agencies’ reasonable interpretations of federal statutes. The ruling stands to...more
On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more
On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions....more
On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA)...more
On April 22, 2024, the Supreme Court of the United States conducted oral arguments in a case addressing federal courts’ handling of lawsuits after claims are compelled to arbitration. The Supreme Court seemed skeptical that...more
On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more
The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more
3/8/2024
/ Age Discrimination ,
Breach of Contract ,
CHRO ,
Claims Limitations Period ,
Constructive Discharge ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Resignation ,
SCOTUS ,
State Labor Laws ,
State Law Claims ,
Title VII
The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in...more
3/1/2024
/ Athletes ,
Civil Rights Act ,
Coaches ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Football ,
Hiring & Firing ,
Minorities ,
NFL ,
Recruitment Policies ,
SCOTUS ,
Sports ,
Students for Fair Admissions v Harvard College ,
Title VII
The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more
2/23/2024
/ Admissions ,
Affirmative Action ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Legal History ,
Petition for Writ of Certiorari ,
Public Schools ,
Racial Bias ,
SCOTUS ,
Students for Fair Admissions v Harvard College
On February 8, 2024, the Supreme Court of the United States issued a decision holding that whistleblowers are not required to show “retaliatory intent” to be protected under the Sarbanes-Oxley Act of 2002, differentiating the...more
On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more
10/9/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Fair Housing Act (FHA) ,
Hospitality Industry ,
Hotels ,
Mootness ,
Oral Argument ,
Public Accommodation ,
SCOTUS ,
Standing ,
Title III ,
Websites
The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more
8/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College ,
Title VII
The Supreme Court of the United States, on June 30, 2023, struck down President Biden’s student loan relief program that was set to provide partial debt cancellation to approximately 40 million student loan borrowers. As a...more
7/3/2023
/ Article III ,
Biden Administration ,
Colleges ,
Department of Education ,
Loan Forgiveness ,
Relief Measures ,
SCOTUS ,
Standing ,
Student Loans ,
Students ,
Universities
On June 30, 2023, the Supreme Court of the United States ruled a wedding website designer who has religious objections to same-sex marriage may legally refuse to design websites for same-sex couples because the First...more
On June 29, 2023, the Supreme Court of the United States held that certain race-conscious college admissions policies violate the Equal Protection Clause of the Fourteenth Amendment, which prohibits discrimination based on...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
On June 29, 2023, the Supreme Court of the United States revived an employee’s religious discrimination lawsuit, unanimously holding that to deny a sincere religious accommodation request under Title VII of the 1964 Civil...more
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s...more
During recent oral arguments, justices for the Supreme Court of the United States seemed conflicted on whether to upend the existing standard that allows an employer to refuse religious accommodations to its employees if the...more
The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more
4/10/2023
/ Americans with Disabilities Act (ADA) ,
Article III ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Injury-in-Fact ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Standing ,
Website Accessibility ,
Websites
On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards...more