News & Analysis as of September 20, 2024

Supreme Court of the United States › Collective Bargaining

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Littler Lightbulb: June Appellate Roundup

Littler on 7/10/2024

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Should the Standard for Obtaining Preliminary Injunctions Under the NLRA Be Easier? The U.S. Supreme Court Weighs In...

Gould + Ratner LLP on 7/1/2024

In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions...more

Supreme Court Sides with Starbucks in Long-Awaited Union Battle: Implications for Employers and Employees

Kohrman Jackson & Krantz LLP on 6/28/2024

In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was...more

Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief

McNees Wallace & Nurick LLC on 6/24/2024

The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for...more

In Win for Employers, Supreme Court Adopts Stricter Test for NLRB Injunctions

ArentFox Schiff on 6/24/2024

The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National...more

Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant

Rumberger | Kirk on 4/19/2024

In Muldrow v. City of St. Louis, the U.S. Supreme Court considered what protections Title VII of the Civil Rights Act of 1964 provides to employees who claim they were the victims of a discriminatory transfer....more

Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

McNees Wallace & Nurick LLC on 3/13/2024

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a...more

Changes in Labor and Employment Laws from 2018 to 2023; Anticipated Trends for 2024

Jones & Keller, P.C. on 1/11/2024

Similar to the prior five years, 2023 brought unprecedented changes in labor and employment laws that have already gone into effect or are now in effect for 2024 in Colorado, across the country in other states, by National...more

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Unprecedented: COVID-19 Litigation Trends - Issue 6

Spilman Thomas & Battle, PLLC on 5/14/2020

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

The Fallout From Janus Continues – Pennsylvania Introduces Bill That Would Allow Non-Union Public-Sector Employees To Participate...

Seyfarth Shaw LLP on 8/10/2018

Seyfarth Synopsis: A mere six weeks after the Supreme Court held that fair share or agency fees for public-sector unions are unconstitutional in Janus v. AFSCME, Pennsylvania introduces a bill that would require public-sector...more

Key California Employment Law Cases: June 2018

Payne & Fears on 7/23/2018

This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more

Supreme Court Roundup: A Look Back – and Ahead – for Employment Law

Baker Donelson on 7/23/2018

As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...more

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on 6/29/2018

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Union (In)Security: SCOTUS Prohibits Public Sector Union Security and Missouri May Tip The Private Sector Scales

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/27/2018

The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. ...more

Fair Share Union Fees Are Not Fair: SCOTUS Rules Public Sector Non-Members Don’t Need to Pay

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/27/2018

On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector...more

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on 6/19/2018

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

Farella Braun + Martel LLP on 5/29/2018

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more

After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice

Franczek P.C. on 4/10/2018

As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees....more

The U.S. Supreme Court and the “Fate of the Union”

Snell & Wilmer on 4/4/2018

Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more

The Survival Of Abood v. Board Of Education, Part 4

Amundsen Davis LLC on 3/9/2018

Just last week on February 26th, the United States Supreme Court heard arguments in Janus v. AFSCME, a case in the Court’s 2017 term with a potential of adversely impacting the viability and influence of public sector unions....more

High Court Orders Sixth Circuit To Clean Up Its Retiree Health Benefits Case Law ‘Mess’

Jackson Lewis P.C. on 3/6/2018

Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

Miller Canfield on 2/23/2018

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/23/2018

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

The Supreme Court - February 20, 2018

Dorsey & Whitney LLP on 2/21/2018

CNH Industrial N. V. v. Reese, No. 17-515: Based upon its decision in International Union, United Auto, Aerospace, & Agricultural Implement Workers of Am. V. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), the Sixth Circuit...more

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Supreme Court of the United States › Collective Bargaining

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