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…

By Larry Dunivan, CEO of ThinkHR Part 2 in an ongoing series of posts on people risk management, this article focuses on anticipating and understanding risk – knowing what you need to know to protect your business. (Read the first post here and the third post here.) We are all drinking from a firehose of news…

DOL Publishes Penalty Increases Update: The penalties were published in the Federal Register on January 23, 2019 and are effective. On January 15, 2019, the U.S. Department of Labor (DOL) released a pre-publication of its Federal Register notice with specifics about the adjustment, for inflation, of the civil monetary penalties assessed or enforced by the Department…

OSHA Crane Operator Final Rules On November 9, 2018, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) announced the release of its Cranes and Derricks in Construction: Operator Certificate Extension final rule (Final Rule 82: 51986-51998). The final rule: Removes the requirement that crane operator certifications include the crane’s rated lifting capacity….