For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more
On June 5, 2025, the U.S. Supreme Court unanimously agreed that reverse discrimination plaintiffs are not required to produce additional evidence at the outset of their case to proceed with their claims. Ames v. Ohio...more
On January 15, 2025, the U.S. Supreme Court rejected the Fourth Circuit’s attempt to require an employer to meet a higher evidentiary standard to establish that its workers fell under one of the Fair Labor Standards Act...more
As we previously addressed, on June 13, 2024, the Supreme Court struck a blow to the National Labor Relations Board (the “Board”) and provided employers a major win in Starbucks Corp. v. McKinney, et al., a case involving a...more
On June 28, 2024, the Supreme Court issued a landmark decision in a pair of consolidated cases, Loper Bright Enterprises et al. v. Gina Raimondo and Relentless Inc. et al. v. Department of Commerce. ...more
7/1/2024
/ Chevron Deference ,
Chevron v NRDC ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Joint Employers ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Title VII
On June 13, 2024, the Supreme Court struck a blow to the NLRB and provided employers a major win in a case involving a preliminary injunction issued against Starbucks under §10(j) of the National Labor Relations Act....more
On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Title VII
On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more
1/23/2024
/ Appeals ,
Elon Musk ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Forum Shopping ,
Hiring & Firing ,
Injunctive Relief ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Reinstatement ,
SCOTUS ,
SpaceX ,
Starbucks ,
Termination ,
Unfair Labor Practices ,
Unions
In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Court held that race may not be used as a factor in college admissions decisions. While this holding is only related to higher education,...more
6/30/2023
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Race Discrimination ,
Religious Accommodation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Substantial Burden ,
Undue Hardship
On April 24, 2019, the U.S. Supreme Court issued a landmark ruling that arbitration agreements must explicitly provide for class arbitration in order for that process to be available. In a close, 5-4 vote, the justices...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more
6/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Discovery ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
NLRA ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Remedies ,
SCOTUS ,
Unions