U.S. Supreme Court Holds All Public Employers Are Covered By The ADEA
11/9/18
By: Brent Bean
On November 6, 2018, the U.S. Supreme Court issued its long-anticipated opinion in Mount Lemmon Fire Dist. v. Guido, 586 U.S. __ (2018), which FMG previously discussed here. At issue was whether the Age Discrimination …
Is “Birthright Citizenship” Subject To Revocation By A Presidential Executive Order?
10/30/18
By: Ken Levine
During an interview by Axios on October 29, 2018, President Trump declared that he was about to sign an executive order to abolish birthright citizenship in the United States. While the President insisted that birthright citizenship, a …
U.S. Supreme Court to Decide Whether Age Discrimination Statute Applies to Small Public Employers
9/27/18
By: Brent Bean & Koty Newman
The U.S. Supreme Court recently granted certiorari in Mount Lemmon Fire Dist. v. Guido, 200 L. Ed. 313, (U.S., Feb. 26, 2018), to determine whether the Age Discrimination in Employment Act (“ADEA”) applies …
Coffee, Water, Less Than 20 Minutes
6/19/18
SCOTUS KICKS THE CAN ON SHORT BREAKS COMPENSATION
By: John McAvoy
On June 11, 2018, the U.S. Supreme Court refused to entertain the appeal of a Pennsylvania employer that could have resolved the emerging split of authority between the federal …
High Court OKs Employers' Use of Class Waivers
5/23/18
By: Paul Derrick
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), says the U.S. Supreme Court in a much-anticipated decision.
The Supreme Court’s long-awaited decision resolves a circuit split on whether class or …
Courts Continue to Question Protections Afforded By Iconic Business Judgment Rule – Georgia Joins the Trend
7/21/14
By: Michael Wolak, III
The business judgment rule is an iconic fixture in American corporate jurisprudence reflecting a strong judicial reluctance to question the business judgments of directors and officers. In its classic form, the business judgment rule insulates a …
SCOTUS Rules Employers May “Pick-Off” FLSA Plaintiffs
4/18/13
By: Anthony Del Rio
The U.S. Supreme Court has issued its opinion on a case regarding whether an employer may “pick-off” the named plaintiff in a Fair Labor Standards Act (“FLSA”) collective action. The Court ruled 5-4 in favor of …