Tag Archives: Supreme Court

Trump’s SCOTUS Nomination May Impact Employee Class Waiver Agreements

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President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen.… Continue reading this entry

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

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As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing (i.e., taking off) personal protective equipment (PPE). The Supreme Court has recently entered the fray, and in its recent … Continue reading this entry

Colorado Supreme Court Plays Debbie Downer for Medical Pot Users

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The wait is finally over. Employers in Colorado – and in other states with similar lifestyle laws – can breathe a sigh of relief following a recent ruling by the Colorado Supreme Court. In Coats v. Dish Network, a quadriplegic employee who tested positive for marijuana during a random drug test challenged his discharge under … Continue reading this entry

Unlike Diamonds, You Cannot Presume Retiree Medical Benefits Are Forever

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Last week, the United States Supreme Court issued a decision that gives unionized employers in Michigan, Ohio, Tennessee, and Kentucky greater ability to modify medical benefits they provide to retirees pursuant to current and prior collective bargaining agreements. Employers in these states were previously subject to the unique case law from the United States Court of … Continue reading this entry

Unanimous Supreme Court: Employers Don’t Have to Pay for Security Screenings

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We noted in October that the U.S. Supreme Court recently held oral argument in a case considering whether time spent by employees passing through security screening lines on their way out of the employer’s facility constituted working time requiring compensation. Well, now we have the answer: post-shift security screenings required by the employer are not … Continue reading this entry

The Line Out of This Place Is as Long as the Amazon.com River

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This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given way to tortured analysis and fairly arbitrary results. Over the years, courts have ruled pre-shift and post-shift activities … Continue reading this entry

NLRB Fallout From President’s Unconstitutional Recess Appointments Continues

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As we noted when the decision was released, the Supreme Court ruled unanimously that the President’s 2012 recess appointments to the National Labor Relations Board were unconstitutional. Two weeks later, the developments from the decision continue to come in. Officially, the Board has been largely silent. After litigating hard for two and a half years … Continue reading this entry

Supreme Court Muddies the Water Regarding Timely Filing of "Disparate Impact" Claims

If an employer adopts a practice that has an adverse effect on a particular race of employees, can those employees sue years later, if the employer uses that practice to make additional employment decisions that negatively affect those employees? According to the Supreme Court, in its recent opinion in Lewis v. City of Chicago (PDF), the … Continue reading this entry