US Supreme Court Watch

Decisions during 2015-2016 session:

Pending cases at the US Supreme Court:

  • Encino Motorcars, LLC v. Navarro – Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements. Oral argument April 20, 2016. [Opinion below] [Briefs]  [Blog] [Casetext] [Blog] [Blog]
  • Dollar General Corporation v. Mississippi Band of Choctaw IndiansWhether Indian tribal court has jurisdiction over an intern’s claim that the manager of a store on tribal land sexually molested him while he was working there.  [Opinion below] [Briefs] [Blog] Oral argument December 7, 2015. [Transcript]  [Audio]

Decisions during 2014-2015 session:

  • EEOC v. Abercrombie & Fitch Stores – An employer can be liable under Title VII  for refusing to hire an applicant based on a “religious observance and practice” even if the employer lacks actual knowledge that a religious accommodation was required, so long as the need for an accommodation was a motivating factor in the employer’s decision. June 1, 2015.  [Blog]
  • Tibble v. Edison International – ERISA trustee’s continuing duty to monitor investments determines when statute of limitations begins to run. May 18, 2015.  [Blog]
  • Mach Mining v. EEOC – Courts may enforce the Equal Employment Opportunity Commission’s mandatory duty to conciliate discrimination claims before filing suit, yet the scope of review is deferential. April 29, 2015.  [Blog]
  • Young v. United Parcel Service – If a pregnant woman can’t do her regular job and asks for a light duty assignment, and many (but not all) other workers get light duty as an accommodation for a disability or on-the-job injury, the Pregnancy Discrimination Act may require that the employer also accommodate the pregnant woman. March 25, 2015. [Blog]
  • Perez v. Mortgage Bankers Assoc – A federal agency [Department of Labor] need not engage in notice-and-comment rulemaking pursuant to the Administrative Procedure Act before it significantly alters an interpretive rule that articulates an interpretation of an agency regulation. March 9, 2015. [Blog]
  • M&G Polymers USA, LLC v. Tackett – When a collective bargaining agreement is silent concerning the duration of retiree health-care benefits, courts should apply ordinary contract principles, and not presume that silence means the parties intended those benefits to vest. January 26, 2015.
  • Department of Homeland Security v. MacLean – Whistleblower’s disclosures, which were contrary to TSA’s regulations
    on sensitive security information, were not “specifically prohibited by law,” because regulations do not qualify as “law” under the whistleblower statute.  January 21, 2015.
  • Integrity Staffing Solutions, Inc. v. Busk – Time spent in post-shift security screenings is not compensable under the Fair Labor Standards Act as amended by the Portal-to-Portal Act. December 9, 2014. [Blog]