Category Archives: Supreme Court

U.S. Supreme Court Reinstates Police Officer’s Claim That He Was Fired for Political Activity

by Susan G. Fentin Unlike private employees, public employees have certain constitutional free speech rights in the workplace.  A recent Supreme Court decision examined those rights in the context of perceived political activity. Jeffrey Heffernan was a police officer working in … Continue reading

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Public Sector Unions Dodge a Bullet on Agency Fees

by Timothy F. Murphy The U.S. Supreme Court issued a decision in Freidrichs v. California Teachers Association this week; it was one of the most anticipated labor and employment cases of the session because it raised the issue of whether … Continue reading

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Employers’ Rights to Reimbursement May Be Lost, If Delayed

by Wendy L. Grabel Just last week, the Supreme Court ruled that an employer sponsored health plan could not recover money from an injured employee because it waited too long to try to recover those funds.  The case deals with … Continue reading

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Young v. UPS: What Do Massachusetts Employers Need to Know?

by Erica E. Flores In 2006, a part-time UPS delivery driver named Peggy Young became pregnant and was advised by her doctor not to lift more than 20 pounds during the first 20 weeks of her pregnancy and not to lift … Continue reading

Posted in Americans with Disabilities Act, Discrimination, Handicap Discrimination, Policies, Reasonable Accommodation, Supreme Court, Title VII | Leave a comment

Supreme Court Says It’s Okay for DOL to Change Its Mind – and Affirms That Mortgage Brokers Are Entitled to Overtime

by Susan G. Fentin Earlier this month, the United States Supreme Court, in a rare display of unanimity, issued a decision in Perez v. Mortgage Bankers Assn., a case where the Association had challenged the Department of Labor’s decision to … Continue reading

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Supreme Court Decides: Employer Not Required to Pay Employees for Time Spent in Security Checks

by Susan G. Fentin Early in October, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions v. Busk.   The Court didn’t waste any time reaching a decision on this case:  today, it issued its decision ruling that companies … Continue reading

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EEOC Issues Enforcement Guidance on Pregnancy Discrimination Act

by Susan G. Fentin Employers’ obligations under the Pregnancy Discrimination Act have been in the news this month.  This week, the EEOC issued new Enforcement Guidance on the Pregnancy Discrimination Act (“PDA”).  This announcement from the EEOC follows hard on … Continue reading

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Supreme Court Says “Clothes” May Include Protective Gear for FLSA Purposes

by Erica E. Flores It’s hard to believe a case that turned on the meaning of the term “changing clothes” made it all the way to the Supreme Court.  What may be even more surprising, however, is that the Court’s … Continue reading

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Supreme Court Hears Arguments in NLRB v. Noel Canning

By Amelia J. Holstrom In January 2013, we wrote a blog post on NLRB v. Noel Canning.  In that decision,  the Federal Appeals Court for the District of Columbia held that Obama’s NLRB “recess” appointments were unconstitutional. In March 2013, … Continue reading

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U.S. District Court in Oregon Declines to Extend Supreme Court’s “But For” Causation Standard to ADA Discrimination Claims

As we reported back in June, the Supreme Court recently ruled in  Univ. of Tex. Sw. Medical Center v. Nassar that while employees’ Title VII discrimination claims must meet the “motivating factor” test, employees’ Title VII retaliation claims must meet the … Continue reading

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