Archives: Supreme Court

Supreme Court Adopts Strict Construction of Salaried Test, Even for Highly Paid Exempt Employees

By Greg Mersol on February 22, 2023 Posted in Supreme Court

One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court reiterated the need not simply for “fair” employment policies or high wages but for adherence to the specific tests for exempt employees. In Helix Energy … Continue Reading

The Supreme Court Argument Only Underscored the Complexities of Federal Court Jurisdiction Over Arbitration Awards

By John Lewis on November 9, 2021 Posted in Arbitration, Arbitration Agreements, Supreme Court

By John B. Lewis One might expect that the plain text of a statutory provision would be in line with the overall goal of the law. But when that statute is the Federal Arbitration Act (FAA), it’s not necessarily the case. And many people even differ on what the original intent of the FAA was … Continue Reading

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

By Greg Mersol and Joseph S. Persoff on September 22, 2021 Posted in Antitrust, Arbitration, California, Supreme Court, Uncategorized

For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme Court cases. While a string of Supreme Court cases over the past decade gave employers some respite, the Ninth Circuit has … Continue Reading

Spending Bill Would Place Class Action Waivers in Jeopardy

By Greg Mersol on September 10, 2021 Posted in Arbitration Agreements, Collective Action, FLSA, Supreme Court

Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). We blogged about that decision here. With the Supreme Court’s ruling, many employers either adopted such agreements … Continue Reading

What’s Ahead at the Supreme Court?

By John Lewis on December 19, 2018 Posted in Supreme Court

There are at least four cases now before the U.S. Supreme Court that may be of significant interest to employers. Three were argued in October 2018, and certiorari was granted in the last case on Dec. 10. The Three Cases Already Argued The three cases argued all involve arbitration. The first, New Prime Inc. v. … Continue Reading