Tag Archives: supreme court

Class Action Waivers: Will The Supreme Court Successfully Realign The Litigation Galaxy?

Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, in which the NLRB held that … Continue Reading

Employment Law Changes Likely Ahead

With a new administration, folks in the employment world are anticipating change.  Here are some key issues to keep your eyes on: Salary Test for Certain Overtime Exempt Employees– Expect the DOL to pull back or not enforce new regulations nearly doubling the salary threshold for the “white collar” exemptions to the overtime provisions of … Continue Reading

FIRST MONDAY IN OCTOBER PROMISES IMPORTANT RULINGS IN EMPLOYEE CASES

Walter Matthau and Jill Clayburgh were gifted actors.  But the new term of the Supreme Court, which opens today, promises to generate some drama of its own as well. Somewhat lost amid the understandable attention received by the historic same-sex marriage and Obamacare rulings last year were several important Supreme Court employment law cases regarding employee compensation … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

United States Supreme Court Says Pharmaceutical Reps are FLSA Exempt Outside Salespeople

The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading

Reminder: An Office Romance May Be the Root of Retaliation Claim

This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint.  See Thompson v. North American Stainless, LP 131 S.Ct. 864 (2011).  North American Stainless fired Eric Thompson just three weeks after receiving notice of a charge of discrimination filed by his co-worker and fiancé Mariam … Continue Reading
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