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Is the EEOC Rushing Your Company to Court? SCOTUS Says Not So Fast
The U. S. Supreme Court unanimously ruled on April 29 that courts can review whether the EEOC has satisfied its obligation under Title VII to conciliate before running to court. Title VII dictates...
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The Gay Marriage Decision: Support for Title VII Employment Discrimination...
Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims....
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Not All Class Actions Are Created Equal Under CAFA, Says the Ninth Circuit
The Ninth Circuit recently delivered a setback to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”) when it interpreted the statute narrowly to exclude...
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Please Pass the Settlement: Second Circuit Widens Split Over Stipulated FLSA...
A recently filed petition for certiorari asks the U.S. Supreme Court to clarify the procedural requirements for ending private causes of action under the Fair Labor Standards Act (“FLSA”)....
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Justice Scalia’s Employment Law Legacy
On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience...
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Seventh Circuit Holds That Mandatory Arbitration With Class Waiver Violates...
On May 26, the U.S. Court of Appeals for the Seventh Circuit held that a wage-and-hour class arbitration clause violated the National Labor Relations Act (NLRA), setting up a circuit split with the...
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Labor Laws and Federal Contracting Intersect: How Universal Health Systems...
This post was drafted with contribution from Annie Prasad, law clerk. The Supreme Court has made federal contracting more treacherous by extending the reach of False Claims Act (“FCA”) liability....
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North Carolina’s “Bathroom Bill” Dealt a Blow as Debate on Transgender Access...
On August 26, 2016, a North Carolina federal judge blocked the University of North Carolina (UNC) from enforcing a state law requiring transgender people to use bathrooms and locker rooms corresponding...
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“Judges Are Appointed For Life, Not For Eternity”: SCOTUS Rules That Judge’s...
In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary....
View ArticleSplitting the Baby: SCOTUS Ruling in Pregnancy Discrimination Suit Calls For...
On March 25, 2015, the U.S. Supreme Court issued a decision in Young v. United Parcel Service, Inc., holding that the Pregnancy Discrimination Act (PDA) requires courts to consider the extent to which...
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