Tag: Supreme Court

How to Handle Pushback against Gender Transition?

Yesterday we looked at how employers can get ahead of the game when it comes to creating a system for fairly handling employees who are going through gender transition. Today we’ll look at how to handle the pushback and the importance of keeping in touch with employees that are transitioning.

Don’t Gamble on FLSA—Pay Trainees for Their Time

Yesterday’s Advisor described a court case where a casino paid trainees for only 2 days of a 12-week training course—and the trainees filed a class action suit alleging violations of the federal Fair Labor Standards Act (FLSA) as a result. While the case was dismissed by a district court, the trainees appealed. Today, we see […]

Supreme Court Decision Could Impact ERISA Plan Litigation

By Jane Meacham, retirement plans editor The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 13-1339, U.S. (May 16, 2016), which encourages Employee Retirement Income Security Act (ERISA) plaintiffs to allege a “concrete” injury, is viewed by many in the ERISA legal community as likely to reshape litigation against employer-sponsored retirement plans.

High Court Sends Birth Control Cases Back to Circuits

Rather than resolve a dispute over the Affordable Care Act’s contraceptive mandate, the U.S. Supreme Court on May 16 remanded the cases to appeals courts without ruling on the plaintiffs’ religious freedom arguments. The decision to remand seems due to Justice Antonin Scalia’s death, which left the court in a 4-4 conservative/liberal deadlock; leading observers […]

Accommodating Pregnant Employees

By BLR Senior Legal Editor Susan Schoenfeld, JD The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).

Same Sex Marriage Benefits Not So Simple

It’s been over 2 years since the U.S. Supreme Court effectively legalized same-sex marriage in the case of U.S. v. Windsor and a year since the Court’s decision in Obergefell v. Hodges, required states to issue marriage licenses for same-sex marriages and to recognize a same-sex marriage performed in another state. So, everything is resolved, right?

Same-Sex Marriage Is Established but Benefits Issues Persist

By Susan Schoenfeld, JD It’s been over 2 years since the U.S. Supreme Court effectively legalized same-sex marriage in the case of U.S. v. Windsor and a year since the Court’s decision in Obergefell v. Hodges, required states to issue marriage licenses for same-sex marriages and to recognize a same-sex marriage performed in another state. So, […]

Supreme Court Seeks New Accommodation in Birth Control Case

Religious non-profit employers that are not eligible for a church exemption seemed more likely to change the process of opting out of the Affordable Care Act requirement that health plans cover contraceptives and family planning services without cost-sharing. In a two-page order dated March 29, the U.S. Supreme Court told lawyers arguing Zubik v. Burwell, No. 14-1418 (cert. […]