Supreme Court Upholds ERISA Preemption of State Recording Laws
By Ross Pollack. On March 1, in Gobeille v. Liberty Mutual Insurance Co., the U.S. Supreme Court upheld a Second Circuit decision finding that a Vermont law requiring self-covered entities to report...
View ArticleTYSON FOODS, INC. v. BOUAPHAKEO
By Courtney Sokol. On March 22, in Tyson Foods, Inc. v. Bouaphakeo, the U.S. Supreme Court, in a 6-2 decision, upheld an Eighth Circuit ruling that certified a group of workers at Tyson Foods as a...
View ArticleFriedrichs v. California Teachers Association
By Ross Pollack. On March 29, 2016, the Supreme Court issued a divided 4-4 opinion in Friedrichs v. California Teachers Association, thus upholding the decision of the Ninth Circuit Court of Appeals....
View ArticleColumbia University: Board Overrules Brown University and Classifies Student...
By Divya Acharya. Section 2(3) of the National Labor Relations Act (the “Act”) broadly defines an employee as “any employee,” subject to specified exceptions. Additionally, the Supreme Court has noted...
View ArticleNLRB Adjusts Reimbursement Calculation for Unlawfully Discharged Employees
By Natalie Russell. In a recent decision issued by the National Labor Relations Board (the “Board”), King Soopers, Inc. and Wendy Geaslin, persons who were wrongfully terminated may receive full...
View ArticleThe Supreme Court “Waives” Goodbye to Class and Collective Arbitration Actions
By James Goodridge Recently, in Epic Systems Corporation v. Lewis, the United States Supreme Court upheld the enforceability of class
View ArticleJustice Kavanaugh’s First Opinion Addresses Powers of Arbitrators Under...
By Ryan Biel Justice Brett Kavanaugh issued his first Supreme Court opinion on January 8, 2019, holding that both the
View ArticleNLRB Returns to Prior Standard for Independent Contractors In SuperShuttle...
By Corinne Tierney The National Labor Relations Board (the “Board”) recently returned to its common-law agency standard for determining independent
View ArticleFacebook ‘Like’ is Protected Speech in Bland v. Roberts
The Fourth Circuit Court of Appeals ruled in favor of a group of former deputy sheriffs in Hampton, Virginia, who claimed he lost their jobs in retaliation for his “liking”…
View ArticleNLRB Holds That Worker Misclassification Isn’t a Violation
By: Yaqarah Letellier Independent contractors make up a large portion of the workforce, about 1 in 10.[1] The two experiences that connect me to this topic is: my previous work…
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