Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It

On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without … Continue reading

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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements

Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading

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Union Agency Fees & Lobbying

In the 27 right to work states, currently in the country, union nonmembers may not be required to pay  fees to private sector unions as a condition to obtain or retain employment. In the rest of the states  – union security … Continue reading

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Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win

In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading

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Extraction of Agency Fees from Non-Consenting Public Employees is Unconstitutional

In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that  States and public sector unions  may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment  right to … Continue reading

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Tolling of Statute of Limitations in Class Action Realm Narrowed

In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading

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Supreme Court Blesses Employers’ Use of Class Action Waivers

As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible.  Three Courts of Appeal, i.e., the … Continue reading

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Legal Alert: U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions

In this week’s L&E Legal Alert, Jennifer Yee and Josh Woodard take a deeper dive into the Encino Motorcars, LLC v. Navarro where the U.S. Supreme Court rejected  the longstanding principle that courts construe FLSA exemptions narrowly and, instead, adopted … Continue reading

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Supreme Court Rejects Principle that FLSA Overtime Exemptions Should Be Construed Narrowly

In a 5-4 opinion issued on April 2nd, the United States Supreme Court held that service advisers at car dealerships are exempt from the overtime pay requirement of the FLSA because they are “salesmn . . . primarily engaged in … Continue reading

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Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the Dodd-Frank Act

In Digital Realty Trust Inc. v. Somers, the Supreme Court in stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers employees who first … Continue reading

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