The U.S. Supreme Court recently clarified in Stanley v. City of Sanford, No. 23-997, that individuals who have already retired are generally not considered “qualified individuals” eligible to assert claims under the Americans...more
The Supreme Court recently a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory provisions involving federal...more
7/12/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
Within the last two weeks of June 2024, courts across the country reached opposite conclusions about the U.S. Equal Employment Opportunity Commission’s authority to implement legislation that requires employers to provide...more
7/11/2024
/ Abortion ,
Anti-Retaliation Provisions ,
Chevron Deference ,
Constitutional Challenges ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Injunctions ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS
In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was...more
6/28/2024
/ Collective Bargaining ,
Injunctive Relief ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Termination ,
Unfair Labor Practices ,
Union Organizers ,
Unions
Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more
5/31/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Reasonable Accommodation ,
SCOTUS ,
Sex Discrimination ,
Title VII
Title VII makes it unlawful to discriminate against employees on the basis of their gender, race, national origin, color or religion. Nowhere does it provide an express definition of discrimination or establish a standard a...more
The U.S. Supreme Court has “clarified” the test under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission have relied upon for more than 46 years, making it easier for...more
7/19/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS
The National Labor Relations Board (Board) continues to expand its authority to impose remedies on employers in its decision in Noah’s Ark Processors, LLC; rendering an unusual advisory opinion on the extent of the remedies...more
Employers often assume that a highly compensated supervisory employee will not be entitled to overtime pay when the employee works more than forty hours in a work week. That assumption proved to be incorrect in a recent U.S....more
The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more
5/27/2022
/ Certiorari ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
With its recent decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (2022) the U.S. Supreme Court has confirmed that errors in copyright applications will not invalidate a copyright registration whether such errors...more