The U.S. Supreme Court is now weighing arguments in a case with important ramifications for the many employers that have been accused of retaliation — or who fear being accused of retaliation — when they discipline or fire an employee….
Tag Archives: Supreme Court
Supreme Court in McCutchen: Clear Plan Terms Prevail Over Broad Equitable Remedies
April 17, 2013 – 4:59 pm
Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such…
Will employers soft pedal health reform implementation until Supreme pronouncement?
April 25, 2012 – 6:14 pm
As the U.S. Supreme Court decides the fate of health reform, America is getting the chance to try the law on for size while waiting for the people in the robes to say how much of it will remain in…
Unconstitutional Individual Mandate Would Obviate Need for Employer Mandate, Benefits Council Says
February 14, 2012 – 11:50 am
If the individual mandate under health care reform is struck down, it will render the employer mandate meaningless, the American Benefits Council (ABC) argues in an amicus brief to the U.S. Supreme Court. ABC does not argue about the constitutionality…
Supreme Court to Hear Arguments on Outside Sales Exemption
November 28, 2011 – 6:08 pm
The Supreme Court today agreed to hear a Fair Labor Standards Act case to decide if drug company reps should qualify for the outside sales exemption. Specifically, Christopher v. SmithKline Beecham Corp. is about whether pharmaceutical sales reps working more than…
SHRM 2011: Employees’ Friends and Family Can Land You in Hot Water, Too
June 28, 2011 – 7:23 pm
Before terminating or taking any other adverse action against an employee, employers must consider not only whether the employee is in a protected category, but also whether the employee’s friends or family are, too. Lawsuits alleging discrimination or retaliation by association appear…
Supreme Court Raises Bar for Class Actions
June 23, 2011 – 10:55 am
In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the…
Equalizing Pay for Long Shifts and Short Shifts
May 23, 2011 – 8:34 pm
Let’s say you have some employees who work long, 12-hour shifts and others who work traditional eight-hour shifts. The 12-hour employees work four shifts one week (48 hours), then three shifts the second week (36 hours) and another three shifts…