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Supreme Court of the United States › Employment Litigation › Certiorari

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Seyfarth Shaw LLP

Belay that Order!  Supreme Court To Relook FAA’s Denial of Differential Pay to Coast Guard Reservist

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On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Will Consider Whether Employers Have Heightened Burden for Demonstrating Overtime Exemption

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On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more

Proskauer - Labor Relations Update

(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power

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On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near...more

BakerHostetler

A Brewing Issue: The Supreme Court Accepts a Coffeemaker’s Request To Revisit Section 10(J)

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When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

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The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

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Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Kohrman Jackson & Krantz LLP

Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?

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The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

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In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Proskauer - California Employment Law

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

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While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more

Dorsey & Whitney LLP

The Supreme Court - June 15, 2020

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Today, the Supreme Court of the United States issued the following opinions: Bostock v. Clayton County, No. 17-1618; Altitude Express, Inc. v. Zarda, No. 17-1623; R. G. & G. R. Harris Funeral Homes, Inc. v. Equal...more

Rumberger | Kirk

The Circuit Court Showdown: Will SCOTUS Say Yay or Nay Under Title VII to LGBT Workplace Discrimination?

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Employers have long known that gender stereotyping is not allowed under Title VII of the Civil Rights Act’s prohibition on discrimination because of sex. However, there has been some confusion over whether this prohibition...more

McAfee & Taft

Because of . . . sex

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On October 8, 2019, the U.S. Supreme Court heard oral argument on whether existing federal law prohibits discrimination based on an individual’s sexual orientation or transgender status. Title VII of the Civil Rights Act...more

Bradley Arant Boult Cummings LLP

Showdown at Title VII Corral: Supreme Court to Weigh in on Sexual Orientation and Transgender Discrimination

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Is discrimination against an employee because of sexual orientation or transgender status a violation of Title VII? The EEOC previously took the position that Title VII covers those statuses but the Trump administration has...more

Franczek P.C.

Supreme Court to Decide if Title VII Prohibits Discrimination Based On Sexual Orientation, Transgender Status, and Gender Identity

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The Supreme Court announced yesterday that it will address whether federal civil rights laws protect gay, lesbian, and transgender employees from discrimination. The Court will hear three cases—from New York, Georgia, and...more

FordHarrison

SCOTUS Certifies Three Cases to Answer the Question of Whether LGBTQ Rights are Protected by Title VII

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Yesterday, April 22, 2019, the Supreme Court of the United States (“SCOTUS”) granted certiorari in three cases involving the question of whether gay and transgender workers are protected from discrimination by Title VII of...more

Seyfarth Shaw LLP

High Court To Determine Whether Title VII Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity

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Seyfarth Synopsis: Yesterday, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. The Court’s...more

Dorsey & Whitney LLP

Supreme Court Grants Review of Three Title VII Cases Concerning Protections for LGBTQ Workers

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Earlier today, the Supreme Court of the United States granted review of a triad of cases addressing whether Title VII, the federal statute prohibiting certain types of discrimination in employment, prohibits discrimination...more

Butler Snow LLP

U.S. Supreme Court Will Consider Whether LGBT Employees are Protected from Discrimination by Federal Civil Rights Laws

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The U.S. Supreme Court’s next term will likely have a significant impact on employers. On April 22, 2019, the Court announced that it is taking up the hot-button issue of whether federal laws that ban discrimination in...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS To Rule On Whether Title VII Prohibits Sexual Orientation And Gender Identity Discrimination

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On April 22, 2019, the United States Supreme Court granted certiorari in a trio of cases challenging the scope of Title VII of the Civil Rights Act of 1964’s (“Title VII”) prohibition on discrimination on the basis of sex....more

Fisher Phillips

Supreme Court To Take Up LGBT Workplace Bias Cases For First Time

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In a highly anticipated move, the U.S. Supreme Court today agreed to consider a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination...more

Seyfarth Shaw LLP

U.S. Supreme Court Rules WARN Claimants/Workers Must Get Priority Over Other Unsecured Creditors In Bankruptcy

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Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act (“WARN”)...more

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