January 22, 2025
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Category: CP Featured

Supreme Court Rejects Higher Evidentiary Standard for Proving FLSA Exemptions

The U.S. Supreme Court last week made it easier for employers to defend their decisions to apply the FLSA’s overtime and minimum wage exemptions. In E.M.D. Sales, Inc. v. Carrera, it unanimously rejected a lower court’s ruling that applied a tougher standard for employers to prove FLSA exemptions. In the January 15 ruling, the Justices held that an employer must...
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November 21, 2024
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Category: ADA

CWC’s Supreme Court Brief Argues Only Qualified Individuals Can Bring ADA Discrimination Claims

The U.S. Supreme Court should rule that a retired firefighter cannot bring an employment discrimination claim under the Americans with Disabilities Act, according to a friend-of-the-court brief filed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. The case, Stanley v. City of Sanford, Florida, involves a challenge by a retired employee who elected disability retirement 15 years after...
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October 10, 2024
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Category: ADA

U.S. Supreme Court Set To Hear Four Employment-Related Cases During New Term

The U.S. Supreme Court began its 2024-2025 term this week with several employment law cases on its docket: Stanley v. City of Sanford—This case concerns a disabled retiree’s challenge under the Americans with Disabilities Act of a change in retiree benefits that occurred more than 20 years ago. E.M.D. Sales v. Carrera—This case concerns the Fair Labor Standards Act’s exemption...
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July 23, 2024
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Category: Supreme Court

Supreme Court Lengthens Timeline for Suing Federal Agencies

An entity may be able to challenge a federal regulation years after it is issued, the U.S. Supreme Court ruled July 1 in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The Court ruled 6 to 3 that the six-year statute of limitations for challenging a federal agency action begins to run from the date when the...
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July 10, 2024
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Category: Agency Enforcement

Supreme Court Scraps 40-Year-Old Test Requiring Courts To Defer to Agency Regulatory Interpretations

Federal courts should no longer defer to federal agencies’ interpretations of unclear statutory language, the U.S. Supreme Court ruled June 28, 2024, in Loper Bright Enterprises v. Raimondo. In that case, a divided Court overturned the Chevron deference principle under which courts deferred to federal agencies’ interpretations of ambiguous statutes. The Court said agencies do not have any special competence...
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June 19, 2024
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Category: Labor Relations

Supreme Court Makes It Harder for NLRB To Get Preliminary Injunctions To Correct Alleged ULPs

The National Labor Relations Board has not shown the need for a preliminary injunction ordering Starbucks to rehire employees while the Board proceeds with its administrative complaint alleging an unfair labor practice against the coffeehouse chain, the U.S. Supreme Court decided June 13, 2024, in Starbucks Corporation v. McKinney. The Supreme Court held that courts should analyze the NLRB’s petitions...
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May 29, 2024
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Category: Arbitration and Dispute Resolution

Supreme Court Rules Trial Court Must “Stay” Litigation Pending Arbitration

Resolving a split among federal appeals courts, the U.S. Supreme Court has ruled unanimously that federal district courts must stay, or temporarily suspend, legal proceedings rather than dismiss the lawsuit when they order the parties to participate in arbitration. The case, Smith v. Spizzirri, is an employee misclassification case involving a mandatory arbitration agreement. The Supreme Court’s ruling, published May...
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April 22, 2024
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Category: Discrimination and Harassment

Supreme Court Makes It Easier To Prove Discriminatory Job Transfer Under Title VII

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof for an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act. Title VII prohibits a discriminatory job transfer even if it does not cause an employee significant harm, the U.S. Supreme Court ruled in Muldrow v. St. Louis. Resolving...
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April 22, 2024
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Category: Arbitration and Dispute Resolution

Supreme Court Rules FAA Transportation Worker Exemption Hinges on Driver’s Job, Not Industry

In a case addressing the scope of the Federal Arbitration Act’s transportation worker exemption, the U.S. Supreme Court ruled April 12 that a transportation worker does not have to work in the transportation industry to be exempt from an arbitration agreement. The unanimous ruling in Bissonnette v. LePage Bakeries clarifies that the exemption’s applicability depends on the nature of the worker’s work rather...
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February 21, 2024
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Category: Supreme Court

Supreme Court Rules SOX Does Not Require Whistleblower To Show “Retaliatory Intent”

A whistleblower claiming unlawful retaliation under the Sarbanes-Oxley (SOX) Act does not need to show that the employer acted with retaliatory intent to establish a valid claim, the U.S. Supreme Court ruled February 8, 2024. Instead, a plaintiff need show only that the protected activity was a contributing factor to the adverse action. The burden then shifts back to the...
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