News & Analysis as of August 14, 2025

Employment Litigation

+ Follow

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The Importance of Having an Up-To-Date Employment Arbitration Agreement

Ervin Cohen & Jessup LLP on 5/13/2025

Until the United States Supreme Court’s decision in Viking River Cruises v. Moriana in 2022, California law had established that Private Attorneys General Act (“PAGA”) claims could not be subject to binding arbitration....more

Lowering the Legal Standard for Establishing Workplace Harassment Claims

Amundsen Davis LLC on 4/11/2025

In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

Fox Rothschild LLP on 4/8/2025

In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

6 Reasons Why Arbitration Offers Equitable Resolutions

Proskauer Rose LLP on 3/27/2025

On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more

SCOTUS Ruling Expands Path for Plaintiffs to Revive Dismissed Lawsuits: What Employers Need to Know

Fisher Phillips on 3/4/2025

A new Supreme Court decision just made it easier for employees to revive lawsuits they voluntarily dismissed – in some cases, even after the statute of limitations has expired. In Waetzig v. Halliburton Energy Services, the...more

Dictionary Definitions Prove Decisive - SCOTUS Today

Epstein Becker & Green on 2/27/2025

Yesterday was a day of unanimity at the U.S. Supreme Court, and what the Justices were unanimous about was a textually literal approach to applying dictionary definitions to resolve statutory disputes....more

Every PAGA Action Has An Individual Component Which May Be Subject To Arbitration

Ervin Cohen & Jessup LLP on 2/20/2025

Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim. ...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

Miles Mediation & Arbitration on 6/3/2024

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Supreme Court Says “Stay” Means “Stay,” Not “Dismiss,” in Resolving FAA Circuit Split

Cozen O'Connor on 5/29/2024

On May 16, 2024, the Supreme Court, in Smith v. Spizzirri, unanimously held that Section 3 of the Federal Arbitration Act (FAA) requires courts to stay, rather than dismiss, proceedings pending arbitration upon a party’s...more

Staying Around – The Supreme Court Resolves Circuit Split and Mandates that Cases Compelled to Arbitration be Stayed (Not...

Seyfarth Shaw LLP on 5/23/2024

The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case. In Smith v. Spizzirri, the Supreme...more

U.S. Supreme Court Unanimously Holds a Court Has No Discretion to Dismiss a Lawsuit Once It Compels a Case to Arbitration

FordHarrison on 5/20/2024

Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more

U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

Holland & Knight LLP on 4/15/2024

The U.S. Supreme Court on April 12, 2024, decided Bissonnette v. LePage Bakeries Park St., LLC. The central issue revolved around the Federal Arbitration Act (FAA) and its applicability to workers engaged in interstate...more

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on 1/19/2024

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

Supreme Court to Review Scope of Arbitration Exclusion for Transportation Workers

Parker Poe Adams & Bernstein LLP on 10/6/2023

The Federal Arbitration Act (FAA) requires state and federal courts to defer to private arbitration agreements entered into between parties, including employers and employees. Employers often use arbitration agreements to...more

California Supreme Court Breaks from Federal Precedent on PAGA

Jenner & Block on 9/11/2023

The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more

The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

Seyfarth Shaw LLP on 8/14/2023

Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –,...more

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on 7/27/2023

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

California’s Highest Court Revisits Statutory PAGA Standing: What the Ruling Means for California Employers

Mintz - Employment Viewpoints on 7/26/2023

The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more

Adolph Parts With Viking River, Opening Path for Arbitration-Bound Plaintiffs to Pursue PAGA Claims in Court

Proskauer - California Employment Law on 7/21/2023

On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies. The Court...more

Viking River Cruises revisited

Ballard Spahr LLP on 7/21/2023

We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more

PAGA Standing and Arbitration: What California Employers Need to Know Now That the California Supreme Court Has Spoken

Meyers Nave on 7/21/2023

On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. With this decision California employers need to understand that plaintiffs do not lose standing when individual...more

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

Perkins Coie on 7/21/2023

California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

Snell & Wilmer on 7/20/2023

California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

Wilson Sonsini Goodrich & Rosati on 7/20/2023

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

100 Results

View per page

Page: of 4

Supreme Court of the United States › Arbitration › Employment Litigation

"My best business intelligence, in one easy email…"