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Employer Liability Issues › Judicial Authority

Bradley Arant Boult Cummings LLP

SpaceX Exploration: Constitutional Challenge to NLRB Structure

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Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

Keating Muething & Klekamp PLL

FTC's Non-Compete Rule Struck Down

Keating Muething & Klekamp PLL on

After a summer of speculation, businesses and individuals across the country were provided some clarity as the Federal Trade Commission’s (FTC) rule invalidating millions of non-compete agreements was struck down by a federal...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

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This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

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On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

DirectEmployers Association

SCOTUS’ Retirement of “Chevron Doctrine” Has Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules

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Three things became almost immediately apparent following the U.S. Supreme Court’s (“SCOTUS”) retirement 10 days ago of its 40-year-old fling with the so-called “Chevron Doctrine.”...more

Bass, Berry & Sims PLC

Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions

Bass, Berry & Sims PLC on

On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to...more

Venable LLP

Estrada v. Royalty Carpet Mills, Inc. - California Supreme Court Clarifies Trial Courts' Power to Manage PAGA Claims

Venable LLP on

On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples...more

Stokes Wagner

Trial Courts May Not Dismiss PAGA Claims on Manageability Grounds

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The California Supreme Court recently issued a long-awaited opinion resolving a split in the Court of Appeal over whether trial courts may dismiss unmanageable PAGA actions. In Estrada v. Royalty Carpet Mills, Inc., filed...more

Epstein Becker & Green

California Supreme Court’s Estrada Decision Leaves Employers with a Wide Array of Tools to Attack PAGA Actions – Including Seeking...

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On January 18, 2024, the California Supreme Court issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, resolving a dispute among the appellate courts and concluding that Private Attorneys General Act...more

CDF Labor Law LLP

Cal. Supreme Court Provides Guidance on How to Limit Overbroad PAGA Claims

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On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills, Inc., concluding that trial courts do not have inherent authority to strike a PAGA claim on the grounds that it is...more

Littler

California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

Littler on

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The...more

Seyfarth Shaw LLP

PAGA Paraphrased – Estrada v. Royalty Carpet Mills, Inc.

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Seyfarth Synopsis: The California Supreme Court addressed the split in appellate authority and held that trial courts do not have the inherent authority to strike a PAGA claim on manageability grounds....more

CDF Labor Law LLP

Employers Gain Defense Against Unmanageable PAGA Claims

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In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Manatt, Phelps & Phillips, LLP

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

Manatt, Phelps & Phillips, LLP on

On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more

Ballard Spahr LLP

EEOC Opinion Letter Limits Agency’s Pattern or Practice Litigation

Ballard Spahr LLP on

SUMMARY - The U.S. Equal Employment Opportunity Commission (EEOC) issued a new opinion letter providing a more limited interpretation of its authority to bring pattern or practice cases against employers than it did in...more

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