Search Results for: SCOTUS

Update: SCOTUS Decision On February 25, 2019, the Supreme Court of the United States (SCOTUS) vacated and remanded Rizo v. Yovino based on a legal technicality rather than the merits of the case. In Rizo v. Yovino, the Ninth Circuit Court of Appeals (see below) had held that under the federal Equal Pay Act (EPA)…

Steven Katz, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains what this week’s SCOTUS decision in New Prime, Inc. v. Oliveira means for employers. The Court has delivered employers their first loss in an arbitration case in decades. This week, the U.S….

The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption…

Public-Sector Employees No Longer Required to Subsidize a Union They Don’t Join On June 27, 2018, the Supreme Court of the United States (SCOTUS) closed out its term with a decision altering a 40-year precedent (Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977)) and overturning more than 20 state’s laws. In Janus,…

On June 4, 2018, the Supreme Court of the United States (SCOTUS) ruled in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in favor of the religious rights of a Colorado baker. The baker, Jack Phillips, refused to make a wedding cake for a same-sex couple’s wedding celebration because of his religious opposition to same-sex…

On May 21, 2018, the Supreme Court of the United States (SCOTUS) held, in a case of epic proportion to the employment litigation world, that employers may enforce class action waivers in arbitration agreements rather than being obligated to allow employees to unite in a class action suit. According to the court in  Epic Systems…

Check out an analysis of a recent U.S. Supreme Court Decision regarding overtime exemptions by Steve Katz, senior counsel with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP. FLSA Overtime Exemptions Challenged When it comes to exemptions from overtime under the Fair Labor Standards Act, courts…

EEO-1 and Pay Data On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) announced the collection of calendar year 2017 and 2018 pay data (EEO-1 Component 2) from EEO-1 filers by September 30, 2019. The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July 2019, and will notify…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains what employers need to know about upcoming U.S. Supreme Court cases regarding Title VII protections for LGBTQ discrimination. The status, the arguments, and my predictions. I’ve been waiting anxiously since September for…

What We’re Reading April

We comb the web for interesting and actionable people risk management articles so you don’t have to. Here are some of the stories that caught our eye this month. EEOC FY 2018 Stats In fiscal year 2018, the EEOC secured $505 million for victims of discrimination. The agency handled over 519,000 calls to its toll-free…