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The U.S. Supreme Court has ruled in favor of the employer in a closely watched donning and doffing case. The high court ruled on January 27 that U.S. Steel Corp. did not have to pay a group of employees for time spent changing into and out of certain protective gear. In Sandifer v. U.S. Steel […]
by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]
The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two appeals court decisions against a posting rule, and probusiness groups are claiming victory. In 2011, the NLRB issued a rule that would have required all employers under Board jurisdiction—including nonunion employers—to display a poster explaining that employees have […]
Although the Affordable Care Act (ACA) overcame a large hurdle when the U.S. Supreme Court upheld its provisions (including the individual mandate) last year, the Court announced today that it would take another look at the law. This time, it will be reviewing another one of the law’s controversial mandates—the contraceptive mandate. Under the ACA, […]
by Matthew H. Parker A series of amendments to Rhode Island law and the U.S. Supreme Court’s June 26 decision in United States v. Windsor have changed how most Rhode Island employers must treat same-sex married couples. Under the amendments, which go into effect on August 1, anyone who is eligible to marry in Rhode […]
by Dinita L. James In a bit of housecleaning after its landmark rulings in two same-sex marriage cases on Wednesday, the U.S. Supreme Court decided Thursday not to hear an Arizona case that was one of 10 others that had been awaiting action raising similar issues. The Court’s action is significant to employees of state […]
It came as no great surprise that the U.S. Supreme Court withheld its opinion on two landmark decisions on same-sex marriage rights until the last decision day of the 2012-2013 term. This, however, would be the only lack of surprise of the day, as the Court delivered two opinions that significantly change the landscape for […]
In a 5-4 decision, the U.S. Supreme Court made its second pro-employer decision of the day in a case involving the standard of proof an employee must meet in retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, the question was whether an employee must prove that the only reason his employer retaliated […]
In a 5-4 decision, the U.S. Supreme Court today held that an employee is considered a supervisor under Title VII of the Civil Rights Act of 1964 only if the employer gave him or her the authority to take tangible employment actions (such as hiring, demoting, or disciplining) against the complaining employee. The employee in […]
The U.S. Supreme Court has agreed to hear an appeal in Noel Canning v. NLRB. In the Noel Canning case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that three of President Barack Obama’s so-called recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Without the three appointees, the […]