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
When Congress passes legislation, it frequently directs that one or more federal agencies promulgate regulations both implementing the law and filling in details Congress may have left unaddressed. When agencies
Continue Reading Employers Await Supreme Court’s Ruling on the Future of ‘Chevron’ Deference
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
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
On Dec. 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, and likely will decide by summer 2022 whether the Federal Arbitration
Continue Reading Supreme Court to Consider Whether the FAA Mandates Arbitration of PAGA Actions
By now, most California employers have heard of AB 5, which, along with the California Supreme Court decision, Dynamex Operations W. Inc. v. Superior Court, 4 Cal. 5th 903
Continue Reading Move Over AB 5, There’s a New Kid on the Block
Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators
Continue Reading Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments
What do a gay child-welfare advocate from Georgia, a transgender funeral home employee from Michigan, and a gay skydiving instructor from New York have in common? According to the Supreme
Continue Reading Supreme Court Rules Title VII protects LGBT+ Employees from Workplace Discrimination: Practical Implications for Employers
There have been many significant developments in the first half of 2019 impacting private employers in New York and New Jersey. Federal, state, and local legislatures and agencies have been
Continue Reading Recapping the Many Legal Developments Affecting Private Employers in New York and New Jersey, So Far, in 2019
On April 2, 2018, in a 5-4 decision, the United States Supreme Court held that automobile service advisors are not entitled to overtime pay. Although the precise holding is of
Continue Reading Supreme Court Rejects Practice of Construing Fair Labor Standards Act Exemptions Narrowly