Supreme Court Issues Employee-Friendly Decision in USERRA Case
Today, in Staub v. Proctor Hospital, the U.S. Supreme Court unanimously held that an employer may be liable under the Uniformed Services Employment and Reemployment Rights Act (USERRA) when the...
View ArticleSupreme Court Sends ERISA Case Back to Lower Court for Second Look
Yesterday, May 16, 2011, the U.S. Supreme Court held that a district court must take another look at a case that will determine whether approximately 25,000 employees are entitled to have their pension...
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Supreme Court: Arizona Immigration Law That Targets Businesses Is Valid
Thursday, May 26, the U.S. Supreme Court upheld the Legal Arizona Workers Act (Act), an Arizona employment law that allows the state to sanction employers that knowingly or intentionally employ...
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Supreme Court Provides Win for Employers in Wal-Mart Discrimination Lawsuit
Today, the U.S. Supreme Court ruled in favor of Wal-Mart, the nation’s largest private employer, in a massive lawsuit that has been called the largest employment class action in U.S. history. The class...
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Supreme Court Sets High Bar for Class Certification
by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions...
View ArticleArizona Petitions U.S. Supreme Court to Review S.B. 1070
By Dinita L. James Following through on the strategy announced in April, Arizona Governor Jan Brewer filed a petition yesterday asking the U.S. Supreme Court to review the lower court decisions...
View ArticleHealth Care Reform Law Moves One Step Closer to Supreme Court
The Obama administration surprised many yesterday when the U.S. Department of Justice asked the U.S. Supreme Court to hear its appeal of a decision by the Eleventh U.S. Circuit Court of Appeals in...
View ArticleSupreme Court ruling bolsters use of mandatory arbitration
by Charles S. Plumb Employers requiring employees to submit disputes to mandatory arbitration rather than filing a lawsuit got a boost from a November 26 U.S. Supreme Court ruling in an Oklahoma case....
View ArticleNLRB wants Supreme Court review of recess appointments decision
The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid. In...
View ArticleNLRB nominees face opposition during Senate committee hearing
On May 16, President Barack Obama’s nominees to the National Labor Relations Board (NLRB) went before the Senate Health, Education, Labor and Pensions Committee, and the two nominees who were selected...
View ArticleHigh court agrees to hear NLRB recess appointments case
The U.S. Supreme Court has agreed to hear an appeal in Noel Canning v. NLRB. In the Noel Canning case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that three of President...
View ArticleWho is a “supervisor”? Supreme Court’s 5-4 ruling sides with employers
In a 5-4 decision, the U.S. Supreme Court today held that an employee is considered a supervisor under Title VII of the Civil Rights Act of 1964 only if the employer gave him or her the authority to...
View ArticleCourt sets bar high for employer retaliation claims
In a 5-4 decision, the U.S. Supreme Court made its second pro-employer decision of the day in a case involving the standard of proof an employee must meet in retaliation claims. In University of Texas...
View ArticleU.S. Supreme Court finds DOMA provision unconstitutional, dismisses...
It came as no great surprise that the U.S. Supreme Court withheld its opinion on two landmark decisions on same-sex marriage rights until the last decision day of the 2012-2013 term. This, however,...
View ArticleSame-sex partners of state employees will keep benefits
by Dinita L. James In a bit of housecleaning after its landmark rulings in two same-sex marriage cases on Wednesday, the U.S. Supreme Court decided Thursday not to hear an Arizona case that was one of...
View ArticleChanges to Rhode Island and federal law affect how employers treat same-sex...
by Matthew H. Parker A series of amendments to Rhode Island law and the U.S. Supreme Court’s June 26 decision in United States v. Windsor have changed how most Rhode Island employers must treat...
View ArticleSupreme Court agrees to hear ACA contraception coverage cases
Although the Affordable Care Act (ACA) overcame a large hurdle when the U.S. Supreme Court upheld its provisions (including the individual mandate) last year, the Court announced today that it would...
View ArticleEmployer groups applaud demise of NLRB poster rule
The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two appeals court decisions against a posting rule, and probusiness groups are claiming victory. In 2011,...
View ArticleOklahoma prohibition on same-sex marriages found unconstitutional
by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion...
View ArticleSupreme Court favors employer in donning, doffing case
The U.S. Supreme Court has ruled in favor of the employer in a closely watched donning and doffing case. The high court ruled on January 27 that U.S. Steel Corp. did not have to pay a group of...
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