Links are to the wonderful SCOTUSblog.com, where you will find briefs.
- Heimeshoff v. Hartford Life & Accident Insurance Co. — When should a statute of limitations accrue for judicial review of an disability adverse benefit determination under the Employee Retirement Income Security Act? Oral argument October 15.
- Sandifer v. U.S. Steel Corporation – What constitutes “changing clothes” within the meaning of FLSA Section 203(o)? Oral argument November 4.
- Lawson v. FMR LLC – Is an employee of a privately-held contractor or subcontractor of a public company protected from retaliation by Sarbanes-Oxley Act § 1514A? Oral argument November 12.
- BG Group PLC v. Republic of Argentina — Whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satisﬁed. Oral argument December 2.
- NLRB v. Noel Canning — (1) Whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate; (2) whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess; and (3) [added by the Court] whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions. Oral argument January 13.
- United States v. Quality Stores — Are severance payments made to employees whose employment was involuntarily terminated subject to FICA tax? Oral argument January 14.
- Harris v. Quinn — Constitutionality of compelling home-care providers to make payments to a union that represents their interests before state agencies. Oral argument January 21.
Certiorari petitions (not yet granted) we are watching:
- Young v. United Parcel Service — Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are “similar in their ability or inability to work.” [The Court has invited the Solicitor General to file a brief in this case expressing the views of the United States.]
- UNITE HERE Local 355 v. Mulhall – (12/10/2013) The writ of certiorari was dismissed as improvidently granted, so the Court did not decide whether union-management neutrality agreements are lawful.
- Madigan v. Levin (10/15/2013) The writ of certiorari was dismissed as improvidently granted, so the Court did not decide whether public sector employee can bring an age bias claim directly under the Constitution without following ADEA procedures.