Topic: Supreme Court

In the Workplace: Latest Need-to-Know Employment Law News

Latest I-9 forms, ADAAA rulings, NLRB developments, new state laws and federal regulations … keeping up with the myriad legal requirements of managing your employees can be challenging for the best of us. This roundup of recent employment law updates should help: The “Employee Tricked Me Into Firing Her” Defense (Cozen O’Connor): “The NLRB continues… Read more »

NLRB To Supreme Court: A Little Help, Please?

“In Noel Canning v. NLRB, a DC Circuit panel held that President Barack Obama improperly exercised his recess appointment power by nominating a majority of the NLRB in January of 2012 while Congress was technically still in session. The ruling calls into question every action taken by the board in the past year, including many… Read more »

Supreme Court Could Have Final Word on Who is a “Supervisor”

Late last month, the Supreme Court heard oral arguments in Vance v. Ball State, a racial harassment lawsuit that could have a significant impact on employer liability in harassment cases. From Pete Land and Gwendolyn Morales of law firm Franczek Radelet: “The Vance case offers the Supreme Court the opportunity to resolve a circuit-split regarding… Read more »

5 Immediate Steps for Businesses Now That Obamacare Upheld

“Although the Act was deemed largely constitutional, issues concerning the implementation and administration of the Act’s various coverage mandates may be litigated in years to come. For example, dozens of Catholic dioceses and schools filed lawsuits in a number of states charging the Act’s contraception coverage requirement violates their rights under the First Amendment to… Read more »

Obamacare Ruled Constitutional: What It Means for You

[Update: for a good understanding of what the decision means sector by sector, start with this analysis by Skadden: Supreme Court Narrowly Upholds Health Reform Law but Limits Congress’ Authority Over States… includes a look at the implications for employers, insurers, hospitals and institutional providers, and drug and device manufacturers.] See below for growing reading… Read more »

Supreme Court Finds States Immune from FMLA Self-Care Provision Lawsuits

On March 20, 2012, the U.S. Supreme Court held in Coleman v. Court of Appeals of Maryland that states are immune from lawsuits under the self-care provisions of the Family and Medical Leave Act (FMLA). In plain English: state employees cannot sue their employers, even when those employers violate one of the core provisions of… Read more »