2022-2023 Supreme Court Employment Law Roundup
The US Supreme Court is in recess for the summer. Here are some recent decisions employment lawyers need to know about.
Title VII: Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. Groff v. DeJoy (06/29/2023) [PDF].
Arbitration: When there is an interlocutory appeal from a denial of a motion to compel arbitration, a district court must stay its proceedings while the appeal is ongoing. Coinbase v. Bielski (06/23/2023) [PDF].
NLRA Preemption: The NLRA did not preempt an employer’s state tort claims related to the destruction of company property during a labor dispute where the union failed to take reasonable precautions to avoid foreseeable and imminent danger to the property. Glacier Northwest v. Teamsters (06/01/2023) [PDF].
FLSA: A highly-paid employee ($200,000+) is not exempt from the FLSA because he was paid on a daily basis, not on a salary basis. Helix Energy v. Hewitt (02/22/2023) [PDF].
Jurisdiction: A Pennsylvania law requiring out-of-state companies that register to do business in Pennsylvania to agree to appear in Pennsylvania courts on “any cause of action” against them comports with the due process clause. Mallory v. Norfolk Southern Railway (06/27/2023) [PDF].
FLRA: The Federal Labor Relations Authority has jurisdiction over a dispute between a state National Guard and a union of dual-status technicians serving in their civilian role. Ohio Adjutant General v. FLRA (05/18/2023) [PDF].