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Supreme Court of the United States › Employee Rights

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... more +
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 -
Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

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The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

Amundsen Davis LLC

Balancing Beliefs and Business: What Employers Need to Know About Religious Accommodations in the Workplace

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As modern workplaces grow increasingly diverse, employers must be prepared to accommodate employees’ religious practices and observations in a respectful, inclusive, and lawful manner. Title VII of the Civil Rights Act of...more

Saul Ewing LLP

Second Circuit Rejects Broad Interpretation of “Marital Status Discrimination” Under New York City Human Rights Law

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Although not prohibited by federal law, employment discrimination based on marital status is illegal in several states. However, the exact contours of “marital status” discrimination have been somewhat unclear, leading to a...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

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Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

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The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Epstein Becker & Green

Definitional Disagreement Among Justices Fractures Partisan Stereotypes - SCOTUS Today

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Yesterday, the U.S. Supreme Court again decided only a single case, that of Feliciano v. Department of Transportation, and, to many Court observers, the most interesting thing about it is the lineup of Justices—one that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Feliciano v. Department of Transportation

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On April 30, 2025, the U.S. Supreme Court decided Feliciano v. Department of Transportation, No. 23-861, holding that federally employed military reservists called to active duty during wartime or a national emergency are...more

Jackson Lewis P.C.

Getting Clear on Compiling Random Drug Testing Pools in Iowa

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The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court stops district court’s order to reinstate workers

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On April 8, the U.S. Supreme Court stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California on reinstating federal workers. The case arose from a lawsuit in which the...more

Littler

Policy Week in Review – April 2025 #2

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Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox  - On April 7, the U.S. Court of Appeals for the D.C. Circuit ruled that National Labor Relations Board Member Gwynne Wilcox could...more

Vorys, Sater, Seymour and Pease LLP

The NLRB Saga Continues: Gwynne Wilcox Re-Reinstated as NLRB Member, Then Reinstatement Stayed By SCOTUS

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In the latest chapter in the evolving fight over the scope of executive power, the en banc D.C. Circuit reversed its prior stay, pending appeal, of the District Court’s order to reinstate Gwynne Wilcox to the NLRB. This means...more

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal

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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

Seyfarth Shaw LLP

Report From Day 1 of The 2025 ABA OSHA/MSHA Law Conference

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This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in...more

Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

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After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

Ballard Spahr LLP

NLRB Board Member Challenges President Trump’s Executive Power

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On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more

Husch Blackwell LLP

President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

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Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more

Jackson Lewis P.C.

U.S. Supreme Court Urged to Extend ADA Protections to Former Employees

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The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in Stanley v. City of Sanford (No. 23-997), which addresses whether former employees have a right to sue their former employer under the Americans with...more

Miles & Stockbridge P.C.

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

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Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Discrimination Case Involving Retiree Benefits

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The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Parker Poe Adams & Bernstein LLP

Supreme Court Clarifies Standard of Proof for FLSA Exempt Status

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Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more

Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

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In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Vedder Price

Supreme Court Clarifies Burden of Proof Standard for FLSA Claims

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Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to...more

Epstein Becker & Green

TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today

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As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more

Littler

High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions

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On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard.  In so doing,...more

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