Supreme Court Decisions Archives - Page 2 of 5

Supreme Court to Decide if EEOC Charge Filing is Jurisdictional or Administrative

Darrell VanDeusen

01/16/2019

Employment Discrimination, Supreme Court Decisions

The Supreme Court has granted a writ certiorari to address the question of whether Title VII’s requirement of the need to file a charge with the Equal Employment Opportunity Commission (EEOC) before going to court is a jurisdictional or administrative exhaustion requirement. The case comes from the Fifth Circuit and has been bouncing around the lower courts for many years. Davis v. Fort Bend Cty., 893 F.3d 300 (5th Cir. 2018), cert....

Kollman & Saucier

06/27/2018

Labor Law, Public Sector Employment Law, Supreme Court Decisions

On the last opinion day of the 2017-2018 term, the Supreme Court issued a long-expected decision prohibiting public sector collective bargaining agreements from requiring employees who are not members of the union to pay agency fees. In a 5-4 decision written by Justice Alito, the Court overturned 41 year old precedent and ruled that requiring non-members to pay a fee to the union representing them violates the free speech rights of employees who...

Kollman & Saucier

06/08/2018

Arbitration, Class Actions, Supreme Court Decisions

On May 21, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, which we previously discussed at length. That case, which upheld class action waivers in favor of individual arbitration, forces Gustavo Camilo to individually arbitrate his claim that Uber illegally charged him and other drivers a workers' compensation fee. Just a little more than one week after the Epic Systems decision, the trial judge in Camilo v. Uber Techs....

Kollman & Saucier

06/06/2018

Employment Discrimination, Same-Sex Marriage, Sexual Orientation, Supreme Court Decisions

Both sides of the political divide had been eagerly awaiting the decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The Supreme Court’s decision, however, largely left the central issue of the case unresolved. This case involves a Colorado baker who refused to bake a wedding cake for a same-sex couple in 2012 because doing so would have gone against his religious beliefs. At the time he made this decision, Colorado’s...

Kollman & Saucier

04/04/2018

Supreme Court Decisions, Wage & Hour

On April 2, 2018, the Supreme Court, with its second consideration of the same case, held in a 5-4 decision, that automobile service advisors are exempt from overtime under the Fair Labor Standards Act (FLSA). In Encino Motorcars, LLC v. Navarro, the Supreme Court held that service advisers fall under the FLSA exemption applicable to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm...

Kollman & Saucier

10/03/2017

Supreme Court Decisions

The 2017-2018 Supreme Court term could be a very significant one for employment law. With a newly constituted conservative majority, the Court is poised to decide three cases that will likely have far-reaching implications on public sector collective bargaining, class action litigation, and discrimination on the basis of sexual orientation. Are Class Action Waivers in Arbitration Agreements Legal? The Supreme Court kicked off its fall term on...

Kollman & Saucier

02/02/2017

Supreme Court Decisions

It was a chatty ride to preschool with my Girl Child yesterday morning. We watched President Trump’s announcement of his SCOTUS nominee, Tenth Circuit Judge Neil Gorsuch last night, and she was engaging me in a game of rapid fire questions in an attempt to sort out the meaning of “nominee” in her four year old brain. What does that mean? What if they [Congress] say “No?” When do we get the real answer? And (my favorite): Will Judge...

Kollman & Saucier

10/07/2016

Supreme Court Decisions

The Supreme Court started its new term Tuesday, which just one labor-related case on its docket. While the decision could have far reaching effects on presidential powers to appoint officers, it is likely to have little impact on this particular area of law. Below is a summary of the case. NLRB v. SW Gen., Inc., No. 15-1251, cert. granted (6/20/16). On June 20, the Supreme Court granted the NLRB’s petition for review of a D.C. Circuit decision...

Kollman & Saucier

05/24/2016

Employment Discrimination, Legal Developments, Limitations, Supreme Court Decisions

Yesterday, the Supreme Court issued its decision in Green v. Brennan, U.S. No. 14-613 (May 23, 2016), holding that the statute of limitations for a former Postmaster's Title VII constructive discharge claim begins on the date he gave notice of his resignation, and not on the date of the employer's alleged last discriminatory act. Former Postmaster Marvin Green had 45-days, under the limitations period applicable to federal sector Title VII claims,...

Kollman & Saucier

04/06/2016

Class Actions, Supreme Court Decisions, Wage & Hour

Class-action lawsuits are typically viewed as high-risk, high-reward endeavors. In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA). 577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...

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Supreme Court to Decide if EEOC Charge Filing is Jurisdictional or Administrative

Supreme Court Rules That Public Sector Agency Fees Are Unconstitutional

Uber Driver Must Ride Solo: Class Action Waiver Enforced Post Epic Systems

Supreme Court Dodges Sticky Issues in Same-Sex Wedding Cake Case

No Overtime This Time... Supreme Court Holds Service Advisors Are Exempt Under The FLSA

Class Actions, Collective Bargaining and a Colorado Cakeshop: Why The Supreme Court’s Fall Term Matters for Employers

Trump Nominates Gorsuch to Fill Vacant Supreme Court Seat

NLRB Decision Will Serve as Sole Labor Related Case Appointed to Supreme Court Docket

The Supreme Court Delivers Some Bad News To The Post Office

Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

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Category: Supreme Court Decisions

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