Archives: Supreme Court

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California Supreme Court: Payroll Companies Not Liable to Client’s Employees for Unpaid Wages

Joseph S. PersoffBy Joseph S. Persoff on Posted in Policies, Supreme Court
The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that the company is the “employer.” In a new decision, the California Supreme Court held that employees cannot sue payroll companies for unpaid … Continue Reading

The Legality of Class Action Waivers in Arbitration Agreements – SCOTUS Finally Speaks

Dustin DowJohn LewisBy Dustin Dow and John Lewis on Posted in Supreme Court
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an answer: They “must be enforced as written” despite any debatable policy within the National Labor Relations Act that suggests otherwise. … Continue Reading

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical Marijuana Outside of Work

Nathan A. SchachtBy Nathan A. Schacht on Posted in Supreme Court
On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana during off-duty time. The Colorado Supreme Court held that because medical marijuana use is unlawful under federal law, a Colorado … Continue Reading

Hobby Lobby: Likely First of Many Cases Pitting Religion Against ACA

By Virginia Medina on Posted in Retail, Supreme Court
The U.S. Supreme Court on June 30, 2014, ruled 5-4 that a closely held, for-profit corporation can qualify for an exemption from the U.S. Department of Health and Human Services (HHS) requirements mandating contraceptive coverage for employees. The exemption is only available if the mandate imposes a substantial burden on the corporation’s ability to “conduct … Continue Reading

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

By Pat Muldowney on Posted in NLRB, Supreme Court
As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the National Labor Relations Board (“Board”) as unconstitutional, placing into question the legitimacy of numerous (mostly pro-union/employee) decisions issued … Continue Reading

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

Scott McIntyreBy Scott McIntyre on Posted in EEOC, Retaliation, Supreme Court
Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline.  In fact, the number of employee retaliation claims filed with the EEOC has nearly doubled in the past 15 years, and the law continues to create new opportunities for these kinds of claims.  But … Continue Reading
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