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Oral Argument Employer Liability Issues

Maynard Nexsen

An Employment Law Prelude to SCOTUS's October Term 

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The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This...more

Proskauer - Labor Relations Update

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

Holland & Knight LLP

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

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The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

MoFo Employment Law Commentary (ELC)

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, And More

Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from...more

Littler

Supreme Court Hears Oral Argument on Title VII Religious Accommodation Standard

Littler on

On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices....more

Fisher Phillips

3 Takeaways for Employers as SCOTUS Agrees to Review Religious Accommodations Test

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Will the Supreme Court make it more difficult for employers to deny religious accommodation requests even if they are burdensome for the business? Recently, the Justices agreed to decide a case brought by a mail carrier who...more

Fisher Phillips

SCOTUS Predictions: Could Supreme Court Shake Up Regulatory Agencies and Add to Employers’ Litigation Arsenal?

Fisher Phillips on

Many employers are already well aware of how scary it can seem to be on the receiving end of a federal agency’s investigation or action – be it the National Labor Relations Board, the Department of Labor, OSHA, the EEOC, or...more

Fisher Phillips

SCOTUS Predictions: How Will Supreme Court Rule on a $200,000 Employee’s Claim for Overtime Pay?

Fisher Phillips on

Imagine this scenario: You pay an employee a substantial daily rate — which works out to more than $200,000 a year. Still, the employee claims they’re entitled to overtime pay because they were paid a daily — rather than...more

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Littler

How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

Littler on

On October 31, 2022, the Supreme Court of the United States (SCOTUS) heard oral arguments for two controversial affirmative action cases against Harvard University and the University of North Carolina (UNC). While the legal...more

Polsinelli

Supreme Court Takes Up FLSA High Earners Exemption

Polsinelli on

On October 12, 2022, the U.S. Supreme Court heard oral arguments in a case that considers whether a supervisor who earned over $200,000 annually may still be eligible for overtime pay under the Fair Labor Standards Act...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Kohrman Jackson & Krantz LLP

SCOTUS Hears Oral Arguments on Vaccine Mandate Challenges

While President Biden’s COVID vaccine mandate officially took effect today, Monday, Jan. 10, 2022, the Supreme Court of the United States (SCOTUS) heard two rounds of arguments concerning two of the three hotly contested...more

Littler

U.S. Supreme Court to Hear Oral Argument on OSHA ETS, Medicare/Medicaid Vaccination Mandates on Friday, January 7, 2022

Littler on

On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies:  the Occupational Safety and Health...more

Bilzin Sumberg

Keeping Up with OSHA’s COVID-19 “Vaccine-or-Test” Mandate in 2022

Bilzin Sumberg on

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) that implemented a “vaccinate-or-test” mandate for large, private employers. The ETS spurred a...more

DirectEmployers Association

OFCCP Week In Review: January 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

BakerHostetler

Supreme Court Sets Oral Argument on Requests to Stay the OSHA Vaccine Mandate ETS

BakerHostetler on

In the continuing saga of whether the Occupational Safety and Health Administration’s (OSHA) “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (ETS) is legal, the U.S. Supreme Court is set to weigh in on an...more

Seyfarth Shaw LLP

Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions

Seyfarth Shaw LLP on

Seyfarth Synopsis: The legal battles over Assembly Bill 51 (AB 51)—which attempts to prohibit mandatory employment arbitration agreements - continue. The Ninth Circuit heard the much anticipated oral arguments earlier this...more

Franczek P.C.

Do Summer Babies Get More Snuggle Time? Insight from Oral Argument in Dynak Case

Franczek P.C. on

The Illinois Supreme Court recently heard oral argument in a case addressing restrictions on school district employee sick leave for the birth of a child under Section 24-6 of the Illinois School Code. ...more

Womble Bond Dickinson

NY Payroll Card Challenge Slated for Oral Argument This Week

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Those who don’t eat, sleep, and breathe developments in payroll card law (and what an empty life that must be) would be forgiven if they lost track of what’s going on in New York. The New York Department of Labor (NYDOL)...more

Fisher Phillips

The Gender Pay Equity Movement Goes International

Fisher Phillips on

The national and international spotlight on pay equity is getting brighter by the day. By way of illustration, this post explores two laws that took effect on January 1, 2018, one in California and one in Iceland, and a wage...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Locke Lord LLP

Lawyers in GrubHub Trial Make Final Arguments in Independent Contractor Misclassification Case, But Decision Is Unlikely To Be...

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The lawyers for GrubHub and the driver who is among thousands who sued the company for independent contractor misclassification made their closing arguments earlier today before federal Magistrate Judge Jacqueline Scott...more

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