Labor Days
Ninth Circuit Invalidates Class Waiver in Arbitration Agreement
In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver…
A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination
In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28 th that Title VII does not protect against sexual orientation discrimination. The case is Kimberly Hively v. Ivy Tech…
Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights
The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going…
Supreme Court Poised to Weigh in on Transgender Rights
In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the…
Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”
Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and…