Tag: Supreme Court

Alleged Whistleblower Must Only Prove Protected Activity Was ‘Contributing Factor’

On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast […]

Attacks on DEI Increase

Corporate diversity, equity, and inclusion (DEI) programs continue to face new challenges after the Supreme Court’s decision last year banning explicit use of race in admissions to higher education—SFFA v. Harvard/UNC. It’s important to recognize that although the Court’s decision didn’t change the law, it did change how corporate DEI programs are perceived and, thus, […]

Cruisin’ for a Brew-sin’: SCOTUS to Resolve Circuit Split Over Unionization at Starbucks

The boiling dispute over the unionization of baristas is heading to the U.S. Supreme Court (SCOTUS). Section 10(j) of the National Labor Relations Act (NLRA) authorizes federal courts to issue preliminary court orders against employers that are allegedly violating federal labor law. This allows the National Labor Relations Board (NLRB) to seek such extraordinary relief […]

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find protection under SOX. In siding with the whistleblower, Trevor Murray, the Court rejected UBS Securities, LLC’s position that […]

Supreme Court

Supreme Court Employment Law Cases in 2024:  What to Watch for, and Why – Part 2

In this three-part series, we are exploring the major employment law cases that we are keeping an eye on for 2024. Our last article looked at two cases that have been briefed and argued before the U.S. Supreme Court. Now, we are turning our attention to major employment law cases that are awaiting oral argument […]

Supreme Court Employment Law Cases: What to Watch For in 2024 (and Why)

The Supreme Court has wrapped up its last argument session of 2023, with several key employment law cases still awaiting decisions by the end of the current Term in June. Others are still awaiting oral argument or a decision on whether to grant a hearing at all. In this three-part series we explore the major […]

Denying Religious Accommodations Now More Difficult Under Federal Law

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to accommodate employees’ sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of a religious accommodation has carried a minimal burden of showing hardship, but a recent ruling from the U.S. Supreme Court just made denying a […]

Recent SCOTUS Decision Suggests You Can Be Sued in Any State

A recent (and surprising) ruling from the U.S. Supreme Court may allow businesses to be sued in states where they have little connection. The Court ruled 5-4 to uphold a Pennsylvania law that requires a corporation to consent to the jurisdiction of Pennsylvania courts over them as a condition of registering to do business there. […]

SCOTUS Subtly Redefines the Landscape of Workplace Religious Accommodations

Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than de minimis cost or inconvenience to the employer. Recently, the U.S. Supreme Court changed that […]

3-Way Split Sets Stage for Supreme Court Review of FLSA Collective Actions

On May 19, 2023, the 6th Circuit Court of Appeals issued a decision creating a three-way split among federal courts on the handling of collective actions filed under the Fair Labor Standards Act (FLSA). In deciding whether and when current and former employees receive notice of a collective action, the 6th Circuit created a new […]