Appeals, Judicial Review, Employment Litigation

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

Fisher Phillips on 4/10/2025

Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Turbulence Ahead: BC’s Replacement Worker Rules May Shake Up Strike Contingency Planning and Labour Disputes

Stikeman Elliott LLP on 3/31/2025

Unionized employers in British Columbia that operate across multiple provinces should take note of a recent decision of the Supreme Court of British Columbia (the “Court”) in Gate Gourmet Canada Inc. v Unite Here, Local 40,...more

Fourth Circuit Says Arbitration Clause Can Prevent Appellate Review

Parker Poe Adams & Bernstein LLP on 4/16/2021

Some employers concerned about the risks and expenses that accompany employment litigation instead require their workers to agree to mandatory arbitration of employment claims. Last week, the Fourth Circuit Court of Appeals...more

Key California Employment Law Cases: September 2020

Payne & Fears on 10/14/2020

Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more

Canadian Employers Must Navigate a Patchwork of Family Status Accommodation Requirements

Littler on 10/21/2019

Members of the Baby Boom generation often remained in one job throughout their working lives. It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more

Eighth Circuit Holds Independent Agreements for Attorneys’ Fees in FLSA Settlements Are Not Subject to Judicial Review

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/16/2019

Last month, in Barbee v. Big River Steel, LLC, No. 18-2255 (June 20, 2019), the United States Court of Appeals for the Eighth Circuit held that an independent agreement for attorneys’ fees in connection with a Fair Labor...more