Supreme Court Upholds Power of Regulators, Mostly…

In a case that various interest groups wanted to see end what is known as “Auer deference,” the Supreme Court instead affirmed the 1997 decision behind the principle but in so doing sought to place limits on government regulators. The Auer deference means that justices at all levels should defer to government agencies’ interpretations of […]

Read the rest of this entry »
GoTo top Top

Five Cities Sue Trump Administration Over Obamacare

A coalition of five cities has sued President Trump and officials at the Department of Health and Human Services (HHS) for deliberately “sabotaging” the Affordable Care Act (ACA, or Obamacare). The suit hinges on a clause in the Constitution and on the judicial review powers set forth in the Administrative Procedure Act (APA). The clause […]

Read the rest of this entry »
GoTo top Top

SCOTUS Ruling Makes Employer Discrimination Defense Harder

The Supreme Court this month resolved a split among the circuit courts regarding Title VII lawsuits and discrimination filings with the Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, color, religion, sex and national origin, provides that an employee […]

Read the rest of this entry »
GoTo top Top

SCOTUS to Start Next Term with Age Discrimination Case from Arizona

The coming term of the U.S. Supreme Court, possibly with a new justice named Brett Kavanaugh seated, will open Oct. 1 with a review of a case from Arizona involving two firefighters alleging they were terminated because of age. In a brief order issued yesterday, the court placed the case of John Guido and Dennis […]

Read the rest of this entry »
GoTo top Top

Trump DOJ Announces It Will No Longer Defend the ACA in Court

Faced with a challenge by 20 attorneys general in a federal court in Texas, the Affordable Care Act (ACA) is going to trial with no defense from the Trump administration’s Department of Justice (DOJ). The case rests on the constitutionality — or unconstitutionality — of the health care act now that the individual mandate has […]

Read the rest of this entry »
GoTo top Top

SCOTUS Sides with Employers in the Use of Forced Arbitration Agreements

Voting along ideological lines, the Supreme Court today ruled 5-4 that employers can enforce signed binding arbitration agreements with their work forces, thus legally barring class action lawsuits. The ruling allows employers to require employees to sign not only binding arbitration agreements that include class action waivers, but also non-disclosure agreements. “The policy may be […]

Read the rest of this entry »
GoTo top Top

SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

Read the rest of this entry »
GoTo top Top

Trump Administration Argues for States’ Rights — in Collecting Online Taxes

The Supreme Court is reviewing a case stemming from South Dakota in which that state is demanding that web merchants pay sales tax for any transaction with its residents. A 1992 ruling imposed a “physical presence” limitation that let web retailers evade state taxes unless they physically operated in the taxing state. And surprise, surprise […]

Read the rest of this entry »
GoTo top Top

SCOTUS to Resolve EEOC and DOJ Split on Sexual Orientation Issue?

An upcoming potential Supreme Court case, which will require reviewing a decision by the 11th Circuit Court of Appeals, could help reconcile the different opinions by the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) regarding sexual orientation and whether it is protected under the Civil Rights Act of 1964. At least, […]

Read the rest of this entry »
GoTo top Top

First Monday in October Sees SCOTUS Weigh Workers’ Rights

The Supreme Court opened its 2017-2018 term by taking up a case involving some 25 million workers. At issue was whether workers could be contractually forced to use binding arbitration with class action waivers for employment issues rather than being allowed to take collective legal action. Judge Neil Gorsuch, in his first full term, sat […]

Read the rest of this entry »
GoTo top Top