Just a few of the employment and labor issues pending before the Supreme Court include:
- Whether wage and hour claims under the Fair Labor Standards Act (FLSA) may be properly certified as a class or collective action when proof of legal liability and damages is made by a statistical model, but individual class members have significant factual differences between them (Tyson Foods v. Bouaphakeo). The ultimate Supreme Court ruling on this question could make it significantly more difficult for employees to pursue large class or collective FLSA lawsuits, which could lead to a significant reduction in FLSA cases.
- The timing for triggering the statute of limitations on claims by former employees asserting discrimination under federal employment statutes and, specifically, whether the clock starts to run on the date of the last alleged discriminatory act or upon the employees separation date (Green v. Brennan). The ultimate ruling in this case could potentially cut-off some employment discrimination claims, because the employees did not pursue them quickly enough.
- Challenges to the contraceptive cost coverage mandate under the Affordable Care Act (ACA) that are being advanced under the Religious Freedom Restoration Act. The cases before the Supreme Court on this issue are follow up lawsuits to the Supreme Courts noteworthy ruling in the Hobby Lobby case. In Hobby Lobby, the Supreme Court permitted for-profit companies to pursue religious exemptions from contraceptive coverage requirements under the ACA.
- Whether non-unionized public employees can be forced to pay for collective bargaining-related expenses of unions, or whether requiring this may violate First Amendment rights of those employees (Friedrichs v. California Teachers Association). The ultimate ruling in this case could be a significant economic blow to unions in the public sector.
Senior CounselDean LeDoux’s employment and litigation practice includes representing employers in litigation and also advising them on employment issues. Dean also has extensive business litigation experience. Over approximately the ...
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