The U. S. Supreme Court unanimously decided in E.M.D. Sales, Inc. v. Carrera that the standard of “preponderance of the evidence” is to be used in cases where an employer
Continue Reading Supreme Court Holds FLSA Exemptions Do Not Require Heightened Evidence Standards
The U.S. Supreme Court’s October Term 2024 begins Oct. 7, and at least two cases on the Court’s docket present potentially important implications for employers nationwide. This GT Alert provides
Continue Reading SCOTUS Cases for Employers to Watch in the October Term 2024
In a unanimous 9-0 decision issued April 12, 2024, the U.S. Supreme Court held the “transportation worker” exemption under Section 1 of the Federal Arbitration Act (FAA) does not require
Continue Reading Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry
On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority
Continue Reading 303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex Couples
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, holding that Harvard College and the University of
Continue Reading Employer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor Unconstitutional
The California Supreme Court will soon hear oral argument on the much-anticipated Adolph (Erik) v. Uber Technologies, Inc., (Uber), accepting Justice Sotomayor’s invitation in Viking River Cruises
Continue Reading California Supreme Court to Have ‘Last Word’ on Viking River
The U.S. Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana gave California employers a brief reprieve from the onslaught of nonarbitrable Private Attorneys General Act claims.
Before then
Continue Reading How Unions Could Stem Possible Wave Of Calif. PAGA Claims
A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court
Continue Reading Are Highly Paid Daily Rate Workers Entitled to Overtime Under FLSA? Supreme Court Resolves Issue
California employers know the holidays bring chilly nights (by California standards), holiday cheer, decked halls, and… ringing in the New Year with a host of new employment laws and compliance
Continue Reading ’Tis the Season for California’s 2023 Legislative Update: Employer Considerations
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions