Tag: Supreme Court

Religious accommodations: Where do we stand?

Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some applications of Groff’s reasoning in lower court cases, and here are some takeaways you can apply when working through an employee’s […]

NLRB Under Pressure in Presidential Election Year

The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board faces a series of challenges. Board Abandons Joint Employer Regulations The NLRB’s expansive joint employer rule, issued in October 2023, faces an […]

Loper Bright Already Affecting Biden Regulations

With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was ambiguous. The decision is already affecting numerous federal regulations. 5th Circuit Considering Whether to Remand Trump OT Case The U.S. 5th Circuit Court […]

Congress Responds to Supreme Court Rulings

The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In response to the High Court’s presidential immunity ruling, over 30 Democratic Senators joined Majority Leader Chuck Schumer (D-NY) and introduced a bill that would overturn […]

Supreme Court to Decide Whether ADA Permits Former Employees to Sue for Post-Employment Benefits

The Supreme Court of the United States recently granted certiorari in Stanley v. City of Sanford, Florida—a case about whether the Americans with Disabilities Act (ADA) permits former employees to sue for alleged discrimination in providing post-employment fringe benefits.  The case has practical significance for employers.  If the Court finds that the ADA does apply […]

Harm Doesn’t Have to Be Significant: What to Watch for in Promotion and Demotion

In a recent case, the U.S. Supreme Court decided a case in which a police sergeant alleged she was transferred from one job to a less desirable job in the police department because of her sex. About the Case The sergeant was transferred out of the intelligence division where she had worked for several years […]

Supreme Court Hands NLRB a Piping Hot Wake-Up Call

A mostly unanimous U.S. Supreme Court has ruled that a National Labor Relations Board (NLRB) request for preliminary injunctive relief while unfair labor practice charges are pending is to be evaluated by the same standards as any other injunction request. The ruling in Starbucks v. McKinney rejected the Board’s position that its requests should be […]

U.S. Supreme Court to Decide Key Exemption Issue

On June 14, the U.S. Supreme Court agreed to decide an important Fair Labor Standards Act (FLSA) question—namely, whether an employer claiming an exemption from overtime needs to prove it by “clear and convincing” evidence (a very high standard) or by a preponderance of the evidence (a lower, easier standard to meet). The decision is […]

NLRB in Court: SCOTUS Revises Injunction Standards, Other Standards Under Review

In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as used in other civil injunction applications. Although widely anticipated as bringing harmony to an area with numerous “circuit […]

U.S. Supreme Court Building

The Supreme Court and Chevron: Five Fast Facts for Employers

We have been monitoring and awaiting the Supreme Court’s ruling on (what is known as) the Chevron doctrine. You can read more about the doctrine here. On June 28, the Supreme Court issued its decision and overruled the doctrine, which had been in place for more than four decades. For a number of reasons, this decision has and […]