Tag Archives: Supreme Court

Employment Arbitration Support on the Rise

by Amy Chen Arbitration has often received controversial and mixed responses from companies, trial lawyers, labor leaders, and civil rights advocates. Employers highly value and frequently use this tool to resolve workplace disputes with their employees. Very often, as a condition of their employment, employees must waive their right to litigate and instead use arbitration […]

Why Marriage Equality Matters to the Labor Market

by Jay Shannon, 2013-2014 Co-Editor-in-Chief The Supreme Court’s recent foray into the rights of gays and lesbians under the U.S. Constitution has catapulted the issue to the forefront of legal discussion. Noticeably absent in many publicized conversations is the impact of existing law on our current labor market in the United States. The Court’s rulings […]

California Court Rejects the NLRB Ruling on Class-Action Arbitration Waivers

Earlier this year, the National Labor Relations Board (NLRB) held in D.R. Horton that a class action waiver that required, as a condition of employment , the employee to waive his rights to class-action litigation while simultaneously waiving his rights to class-action arbitration was illegal under the National Labor Relations Act (NLRA).  The NLRB opined […]

One Small Step For Applebees’ Employees, One Large Step for Tipped Employees in the Restaurant Business

After the Wal-Mart v. Dukes class action suit was shot down by the Supreme Court in June 2011, there were founded concerns that class actions based on retail or customer service employees’ policies were in peril.  On Friday, an Illinois federal judge validated a class of plaintiffs, consisting of tipped employees of the Applebee’s franchise, […]

NPR: Justices Rule Ministers Exempt from Anti-Bias Laws

The U.S. Supreme Court for the first time has declared that the Constitution exempts ministers from the nation’s anti-discrimination laws. Wednesday’s decision was unanimous and groundbreaking — but it left unresolved some of the thorniest questions in determining who is a minister and who is not. The court’s ruling came in the case of Cheryl […]

AARP Asks Supreme Court to Uphold FMLA Protections for State Employees

On January 11, 2012 the Supreme Court heard oral argument in Coleman v. Maryland Court of Appeals about considering whether states can avoid financial liability for “self-care” claims under the federal Family and Medical Leave Act (FMLA). Daniel Coleman, an African-American male who was employed by the Maryland state court system, alleged he was discriminated […]