Aug 15, 2018
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…
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Feb 25, 2019
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…
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Jun 4, 2018
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…
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Jun 27, 2018
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…
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May 23, 2018
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…
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Jan 18, 2019
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…
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Apr 6, 2018
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…
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Jun 27, 2018
Q: May we add an arbitration clause prohibiting class action lawsuits to our employment contracts? A: Yes. Until recently , courts were split on the issue and the National Labor Relations Board (NLRB) ruled that “it is a violation of federal labor law to require employees to sign arbitration agreements…
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Apr 24, 2019
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…
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Oct 5, 2018
California legislators sent a total of 1,217 bills to California Governor Jerry Brown for the 2017-2018 regular legislative session. He signed 1,016, vetoed 201, and 183 of them he reviewed the weekend just before his September 30, 2018, signature deadline. (In case you are wondering, that’s a lot of bills…
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