Practical HR Tips, News & Advice. Updated Daily.
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.
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 […]
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).
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?
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, […]
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. […]
Yesterday’s Advisor presented the facts of a wage and hour lawsuit that could have been prevented with proper supervisor training. Today we look at the court’s decision—and the training takeaways for employers seeking to minimize their legal risk.
The U.S. Supreme Court ruled March 22 that the use of statistical evidence to create a class action lawsuit against Tyson Foods was proper, an action that may make it easier for employees in certain situations to band together to sue their employers rather than suing as individuals. The Court ruled 6-2 in Tyson Foods […]
By Jennifer Carsen, JD, Legal Editor In a new decision termed “bizarre” by dissenting Justice Ruth Bader Ginsburg, the U.S. Supreme Court has denied an ERISA plan’s bid for reimbursement on a seemingly archaic definition of what constitutes “equitable” relief.
Last month, the U.S. Supreme Court agreed to once again review the contentious issue of the contraceptive mandate under the Affordable Care Act (ACA).