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 exercised a right of free expression. The Court’s decision in Heffernan v. City of Paterson
U.S. Supreme Court Agrees to Hear Case Regarding the Constitutionality of Compulsory Union Fees
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 requires non-union member employees to pay compulsory fees as a condition of employment even if
The Supreme Court Has Spoken: Federal Health Care Subsidies Are Available to Qualifying Individuals Nationwide.
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 health insurance through federally-funded exchanges. The ACA requires all Americans to have health insurance or
U.S. Supreme Court Holds: There is No Presumption That Retiree Medical Benefits Are Vested
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 agreement are per se vested, unless it can be proven by extrinsic evidence otherwise. In
Applicability of ACA “Contraceptive Mandate” to Religious Non-Profits an Open Question in Wake of Recent Supreme Court Decisions
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.
The ACA requires health insurance providers to cover preventive health services, including FDA-approved contraceptives, without
U.S. Supreme Court Says Police Need Search Warrant to Search Cell Phones
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 an authentic “now or never” situation, Chief Justice Roberts wrote, they may be entitled to
The U.S. Supreme Court Almost, But Doesn’t, Strike a Big Blow to Unions and Agency Shop Arrangements
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, the Court held that in-home service providers in Illinois who are not union members
U.S. Supreme Court Issues New Public Employee Free Speech Decision – Compelled Employee Testimony Can Be Protected
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. In so holding, the Court overturned precedent from the U.S. Court of Appeals for the
U.S. Supreme Court Will Hear New Case On Public Employee Free Speech Rights
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 he had testified in a criminal matter against a former co-worker. In deciding the case,
U.S. Supreme Court Sends Fisher v. University of Texas Back to the Court of Appeals With Directions: Give No Deference to the University in Determining Whether Its Race-Conscious Admissions Policy is Needed To Attain the Educational Benefits of Diversity
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 current legal standard by which race-conscious admissions policies are measured. Rather, the Court reaffirmed prior