This post was authored by Joshua A. Goodman.
In October 2017, we reported that the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for …
This post was authored by Joshua A. Goodman.
In October 2017, we reported that the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for …
This post was authored by Amit Katzir
Last month, the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for public employees. Illinois, like California, is …
On Monday, May 15, 2017, the U.S. Supreme Court denied the City of San Gabriel’s petition for review of Flores v. City of San Gabriel, a 2016 decision by the U.S. Court of Appeals for the Ninth Circuit that …
Title VII of the U.S. Civil Rights Act of 1964 (hereafter “Title VII”) has long prohibited discrimination on the basis of sex in the terms, conditions or privileges of employment. One question of ongoing statutory interpretation has not been definitively …
On April 26, 2016, the U.S. Supreme Court decided that a public agency can incur liability for a First Amendment violation if it demotes or disciplines one of its employee based on the agency’s mistaken belief that the employee has …
On June 30, 2015, the Supreme Court of the United States agreed to hear an appeal in Friedrichs v. California Teachers Association to answer the question of whether compulsory “agency shop” fees violate the First Amendment. An “agency shop” arrangement …
In January, we reported that the Supreme Court of the United States granted review in King v. Burwell to decide whether under the Patient Protection and Affordable Care Act (ACA) the Federal Government could offer subsidies to individuals who purchase …
On Monday, a unanimous United States Supreme Court, in a harshly critical opinion, overruled a decision of the Sixth Circuit Court of Appeals that had in essence created a presumption that retiree medical benefits provided for in a collective bargaining …
This blog post was authored by Jessica Frier
The Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., while limited in scope to closely-held private companies, is of interest to religious non-profits as well as for-profit employers.…
On June 25, 2014, the U.S. Supreme Court ruled unanimously in the case of Riley v. California, that police may not generally search the cell phones of people they arrest without first getting search warrants. Should the police confront …
This blog post was authored by Connie Almond
Today, the U.S. Supreme Court issued a case that could have – but ultimately did not – have significant implications for labor unions and agency shops in particular. In Harris v. Quinn…
On Thursday, June 19, 2014, the U.S. Supreme Court in Lane v. Franks held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his or her ordinary job responsibilities. …
On January 17, 2014, the U.S. Supreme Court decided to hear the free speech retaliation case of Edward Lane. Lane, a former employee of the Central Alabama Community College District, alleged in federal court that he lost his job because …
This blog post was authored by Laura Schulkind and Erin Kunze
Summary
On Monday, June 24, 2013, the Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin. However, the decision does little to alter the …
This blog entry was authored by Brian Walter and Michael D. Youril
On Monday, June 24, 2013, the Supreme Court published important decisions in two employment cases. In Vance v. Ball State University, the Supreme Court held that …
In Genesis Healthcare Corp. v. Symczyk, just decided on April 16, 2013, the U.S. Supreme Court held that, in a Fair Labor Standards Act (“FLSA”) case, an early settlement offer to an employee which moots his or her individual …
Californians will remember the special election called by former Governor Schwarzenegger in 2005 on eight ballot propositions he endorsed. The initiative measures covered diverse issues including teacher tenure, abortions, government finance and legislative redistricting. One proposition dealt with public employee …
Section 203(o) of the Fair Labor Standards Act excludes from the definition of hours worked time spent “changing clothes or washing at the beginning or end of each workday” if it has been excluded “by the express terms of or …
The U.S. Supreme Court will soon issue a decision on whether an employer’s offer to an employee of the full amount of claimed overtime pay moots that employee’s Fair Labor Standards Act (“FLSA”) case, and stops any larger scale collective …
This guest post was authored by Jennifer M. Rosner
Nicholas Delia, a firefighter employed by the City of Rialto missed work after becoming ill on the job. Suspicious of Delia’s extended absence, the City hired a private investigation firm to …