Supreme Court Justice Ruth Bader Ginsburg passed away from complications from pancreatic cancer on Friday, September 18, 2020. Justice Ginsburg inspired millions and became a beloved icon in a way that is truly uncommon for a jurist. She was the subject of a documentary, a biopic, and an opera. She earned wide acclaim for her
Will the Supreme Court Prohibit Employers From Considering Salary History in Setting Pay?
This post was authored by Megan Lewis.
The United States Supreme Court may be gearing up to decide whether, under the Equal Pay Act, employers can consider an employee’s previous salary history when setting the employee’s rate of pay. In doing so, the Court could clarify an area of the Equal Pay Act that
Mandatory Agency Shop Fees Ruled Unconstitutional in Janus v. AFSCME
This post was authored by Kevin J. Chicas.
The United States Supreme Court today, on Wednesday June 27, 2018, reversed the Seventh Circuit Court of Appeals in Janus v. AFSCME, and held that mandatory agency shop service fees are unconstitutional under the First Amendment of the U.S. Constitution.
Under an agency shop arrangement,
Supreme Court Petition Submitted Regarding Application of U.S. Civil Rights Act to Sexual Orientation Discrimination
In April, we reported on the Seventh Circuit Court of Appeals decision in Hively v. Ivy Tech Community College of Indiana, which held that sex-discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation. Like the California federal trial court in Videckis v. Pepperdine University, the
Appellate Law — What Are Amicus Curiae Briefs?
A couple of years ago we blogged about Amicus Curiae briefs, their role in the appellate law, and how they can benefit California’s employers. Since our original post, we witnessed a number of cases in which Amicus Curiae briefs played a significant role in landmark cases. Such briefs continue to be an important way for
Supreme Court Rules That State Voters May Ban Affirmative Action Policies
This blog post was authored by Steven Tang.
The U.S. Supreme Court has decided that state voters may choose to prohibit the consideration of race in governmental decisions, in particular with respect to public school admissions. The decision came on April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action (2014) 572 U.S.
U.S. Supreme Court Will Review Whether Employee Time Spent Going Through Security Checks Is Compensable
This blog post has by James E. Oldendorph Jr.
On March 3, 2014, the U.S. Supreme Court agreed to hear a case which questions whether employees of companies such as Amazon.com, and companies that provide staffing services to Amazon.com, must be paid for time spent going through security screenings similar to those found in airports
The First Amendment In Employment And Education – Six Issues for 2013
The U.S. Supreme Court’s docket is light on First Amendment cases this term. Nonetheless, the year 2013 may well bring important developments in a number of areas of free speech law in employment and education. The following are six primary areas worth watching in the coming year.
1. Is a College or University Campus a
Appellate Law — What Are Amicus Curiae Briefs?
Public agency officials and employees may read newspaper articles about recently decided landmark cases in public sector labor and employment law, and may feel relief, anger, surprise, or vindication in the result. This is especially true if the decision impacts how the agency functions on a day-to-day basis. These same individuals may also find developing
The Supreme Court Upholds The Individual Mandate Under the Patient Protection and Affordable Care Act
This guest post was authored by Heather L. DeBlanc
This morning, the United States Supreme Court issued its decision in National Federation of Independent Business v. Sebelius addressing the Patient Protection and Affordable Care Act (“ACA”).1 The Court upheld, in a 5 to 4 ruling, the constitutionality of the individual mandate under the ACA.