PPACA Back in Court, This Time on the Constitutionality of the Employer Mandate

A lawsuit challenging Obamacare by Liberty University was originally dismissed by the Supreme Court when it issued its historic decision on the Patient Protection and Affordable Care Act (PPACA) in June 2012, but under petition, the court has now mandated the 4th Circuit Court of Appeals to reopen the case and examine the constitutionality of […]

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Supreme Court Considering the Definition of Supervisor

Federal civil rights laws protect employees from harassment and discrimination by their employers and their agents, and "agents" are generally interpreted to mean supervisors. Aggrieved employees and their attorneys have long sought to expand the definition of supervisor beyond someone with the power to hire, fire, demote and discipline to enlarge the pool of those […]

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7th Circuit Says Disabled Not Automatically Entitled to Vacant Jobs

The 7th Circuit Court of Appeals, which holds jurisdiction over courts in Illinois, Indiana and Wisconsin, has upheld a 2000 decision in which it ruled that the disabled are not automatically entitled to vacant job openings as a reasonable accommodation under the Americans with Disabilities Act (ADA). The case under review involved a United Airlines' […]

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Supreme Court Upholds PPACA’s Individual Mandate

The U.S. Supreme Court announced today (June 28, 2012) that it has upheld the individual health insurance mandate (buy insurance or pay a penalty) portion of the Patient Protection and Affordable Care Act (PPACA) as constitutional under Congress's taxing authority. The victory for the Obama administration was sealed when Chief Justice John Roberts in a […]

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Supreme Court Strikes Down DOL Interpretation of Pharma Reps’ Overtime Status

The U.S. Supreme Court today rejected an interpretation by the Department of Labor (DOL) that pharmaceutical sales representatives are hourly employees subject to overtime day. The 5-4 decision, in Michael Shane Christopher, et al., Petitioners v. SmithKline Beecham Corp. dba GlaxoSmithKline, restores the DOL's position on the issue that existed for decades prior to 2009, […]

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Wal-Mart Women File EEOC Discrimination Claims in 48 States

After the Supreme Court decertified their class-action status in Dukes v. Walmart in 2011, some 2,000 current and former female employees of Wal-Mart have filed pay and promotion discrimination claims with the Equal Employment Opportunity Commission (EEOC), enabling them to file individual lawsuits against the retailer. The claims were filed in every state except Montana […]

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