News & Analysis as of

Oral Argument Employment Litigation

Zelle  LLP

AI Update: AI Avatar Does NOT, In Fact, Please the Court

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A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an...more

Littler

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Littler on

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

Fisher Phillips

SCOTUS Predictions: Court Will Make It Easier for Majority-Group Plaintiffs to Assert Title VII Claims, No More “Reverse”...

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The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more

Offit Kurman

Examining the US Supreme Court’s “Reverse Discrimination” Case: Fueling the DEI Fight

Offit Kurman on

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services. This case that could significantly impact the standards for proving employment discrimination claims under Title...more

Seyfarth Shaw LLP

SCOTUS Argument Recap: Court Appears Likely to Eliminate Heightened Prima Facie Burden for Majority Group Plaintiffs Under Title...

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In a recent oral argument, the Justices seemed largely aligned with the plaintiff’s position that majority and historically disadvantaged groups should face the same prima facie test under Title VII....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Fisher Phillips

SCOTUS Predictions: Justices Will Hand Win to Employers By Rejecting Higher Standard of Proof in Overtime Exemption Cases

Fisher Phillips on

What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Proskauer - Labor Relations Update

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

Fisher Phillips

Starbucks Asks SCOTUS for Clearer Standard for NLRB Injunctions: What Employers Need to Know

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In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

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Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Fisher Phillips

SCOTUS Predictions: Could Supreme Court Shake Up Regulatory Agencies and Add to Employers’ Litigation Arsenal?

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Many employers are already well aware of how scary it can seem to be on the receiving end of a federal agency’s investigation or action – be it the National Labor Relations Board, the Department of Labor, OSHA, the EEOC, or...more

Fisher Phillips

SCOTUS Predictions: How Will Supreme Court Rule on a $200,000 Employee’s Claim for Overtime Pay?

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Imagine this scenario: You pay an employee a substantial daily rate — which works out to more than $200,000 a year. Still, the employee claims they’re entitled to overtime pay because they were paid a daily — rather than...more

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Polsinelli

Supreme Court Takes Up FLSA High Earners Exemption

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On October 12, 2022, the U.S. Supreme Court heard oral arguments in a case that considers whether a supervisor who earned over $200,000 annually may still be eligible for overtime pay under the Fair Labor Standards Act...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Proskauer - California Employment Law

Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims

Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

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Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Franczek P.C.

Do Summer Babies Get More Snuggle Time? Insight from Oral Argument in Dynak Case

Franczek P.C. on

The Illinois Supreme Court recently heard oral argument in a case addressing restrictions on school district employee sick leave for the birth of a child under Section 24-6 of the Illinois School Code. ...more

Carlton Fields

Preserved, Actually: Preservation Of Arguments Definitively Rejected By The Trial Court

Carlton Fields on

Does a party have to reassert an argument previously rejected by the trial court in order to preserve it for appeal? ...more

Fisher Phillips

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers

Fisher Phillips on

The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more

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