Supreme Court Decisions Archives - Page 3 of 5

Strange Bedfellows in SCOTUS Arbitration Ruling

Darrell VanDeusen

12/15/2015

In a 6-3 decision, the Supreme Court has decided that satellite television customers are required to individually arbitrate their disputes with the provider, DirecTV. The Court held that the Federal Arbitration Act (FAA) preempts the use of a California state law that said such a provision was unenforceable. DirecTV, Inc. v. Imburgia, 2015 U.S. LEXIS 7999 (Dec. 14, 2015). The decision, which will apply equally to employment and commercial contracts,...

Kollman & Saucier

12/02/2015

Employment Discrimination, Supreme Court Decisions

On November 30, the Supreme Court heard oral argument in Green v. Brennan (Case No. 14-613), a case in which the justices must decide when the “clock starts ticking” for purposes of constructive discharge claims. Unlike conventional discharge claims, in which the employer makes the decision to terminate the employee, constructive discharge claims arise where the employee voluntarily decides to end his or her employment (on the theory that his or...

Kollman & Saucier

10/02/2015

Supreme Court Decisions

When the Supreme Court begins its 2015-16 Term on October 5, 2015, it will have nine different employment cases to consider. In Heffeman v. City of Paterson, No. 14-1280, the Court will consider a police officer's claim that his supervisors violated his First Amendment rights by demoting him because of his perceived political preferences. In MNH Gov't Services Inc. v. Zaborowski, No. 14-1458, the Court will decide whether a California state court...

Peter Saucier

06/03/2015

Employment Discrimination, Religious Discrimination, Supreme Court Decisions

Abercrombie & Fitch maintains a dress code for employees known as its Look Policy. Headwear is not allowed under the policy because it is “too informal for Abercrombie’s desired image.” Samantha Elauf, a practicing Muslim who wears a headscarf, interviewed for an available position for which she was found to be qualified. Still, Elauf was not hired because the District Manager, who was told by another manager that she thought Elauf’s...

Kollman & Saucier

04/30/2015

Agency Activity, Supreme Court Decisions

On April 29, 2015, the Supreme Court unanimously vacated a Seventh Circuit decision holding that courts cannot delve into whether the EEOC satisfied the conciliation requirement of Title VII. The EEOC has a legal duty to try settling cases first, but the question before the Court was how much a court could peer into those negotiations to ensure that the EEOC acted in good faith. Ruling against the agency, the Court gave employers a new, albeit...

Kollman & Saucier

04/28/2015

Employment Discrimination, Supreme Court Decisions

On April 27 the Supreme Court granted certiorari in Green v. Donahoe to determine whether, under federal employment discrimination law, the filing period for a constructive discharge claim begins to run when an employee resigns, as five circuits have held, or at the time of an employer’s last allegedly discriminatory act giving rise to the resignation, as three other circuits have held. See Green v. Donahoe, 760 F.3d 1135 (10th Cir....

Kollman & Saucier

03/11/2015

Agency Activity, Supreme Court Decisions, Wage & Hour

The Supreme Court has confirmed that federal agencies, including the Department of Labor (DOL), are exempted from the Administrative Procedure Act's formal notice-and-comment rulemaking requirements when changing interpretative rules, as explained in its unanimous decision Perez v. Mortgage Bankers Ass'n, No. 13-1041, (U.S. March 9, 2015). With this decision, the Supreme Court overruled the long established doctrine from Paralyzed Veterans of...

Kollman & Saucier

11/14/2014

Employee Benefits, Supreme Court Decisions

On November 10, 2014, the Supreme Court heard oral arguments in M & G Polymers USA, LLC v. Tackett, a case that has the potential to reshape significantly the legal landscape of retiree health benefit provisions in collective bargaining agreements (CBA). At issue is the legal framework courts should apply when faced with CBA retiree health benefit cases. There is currently a wide split among several federal circuits on the issue. On the...

Kollman & Saucier

11/05/2014

Public Sector Employment Law, Supreme Court Decisions

On November 3, 2014, the United States Supreme Court denied Baltimore County’s petition for review of the Fourth Circuit’s decision which held Baltimore County’s retirement plan violated the ADEA. Balt. Cnty. v. EEOC, No. 14-7, cert. denied 11/3/14. In 1945, Baltimore County established a retirement plan for its employees. The plan provided that employees could retire and receive pension benefits at age 65, regardless of their length of...

Kollman & Saucier

10/31/2014

Pregnancy Discrimination, Supreme Court Decisions

In advance of the Supreme Court's oral argument on a former employee's pregnancy discrimination case (Young v. UPS, Inc., U.S. No. 12-1226), United Parcel Service (UPS) has announced that, effective, January 1, 2015, it will make light duty available to pregnant workers with lifting or other restrictions on the same level as it offers to employees who need light duty because of worker's compensation injuries. In explaining this change in protocol,...

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Strange Bedfellows in SCOTUS Arbitration Ruling

Supreme Court to Decide Time Limits for Filing Constructive Discharge Claim

Nine Employment Cases Appear On The Supreme Court's 2015-16 Docket

SUPREME COURT HOLDS WEARING OF RELIGIOUS SCARVES IS REASONABLE ACCOMMODATION

Supreme Court Rules That Courts May Review Whether The EEOC Has Satisfied Its Duty To Attempt Presuit Conciliation

Supreme Court to Decide When the Filing Period for a Constructive Discharge Claim Begins

Supreme Court Okays DOL's FLSA Interpretative Rule Change

Supreme Court Set to Clarify Issues Surrounding Vesting of Retiree Health Benefits

Supreme Court Declines to Hear Baltimore County Pension Case

UPS To Deliver Light Duty To Pregnant Employees

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