Tag: SCOTUS

SCOTUS Clears Path for TPS Terminations—What Employers Need to Do Now

The Supreme Court of the United States (SCOTUS) recently decided in Mullin v. Doe that federal courts generally lack authority to review Department of Homeland Security (DHS) decisions to terminate temporary protected status (TPS) designations. This decision clears the way for DHS to move forward with terminating TPS protections for several countries. Here’s what employers […]

What Employers Should Know About Recent Supreme Court Asylum, TPS Rulings

On June 25, 2026, the U.S. Supreme Court issued two immigration decisions with practical consequences for asylum access, Temporary Protected Status (TPS), and employer work authorization compliance. In Mullin v. Al Otro Lado, the Court held that a person waiting on the Mexico side of the U.S.-Mexico border hasn’t “arrived in the United States” for […]

Fumbling Arbitration at the Goal Line—A Cautionary Tale

The U.S. Supreme Court recently handed the National Football League (NFL) a significant off-field loss, declining to enforce the league’s arbitration agreement. West Virginia employers would be wise to make sure their agreements stand up to scrutiny. Flag on the Play Former coach Brian Flores sued the NFL and two teams, the New York Giants […]

Supreme Court to Decide Timing of Actuarial Assumptions in Withdrawal Liability Calculations 

The United States Supreme Court has agreed to review Trustees of the IAM National Pension Fund v. M&K Employee Solutions, LLC, a case that could significantly reshape how multiemployer pension plans calculate withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA). The central question is whether ERISA requires plans to use actuarial assumptions in effect […]

Supreme Court Resolves Circuit Split in Reverse Discrimination Cases

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court, in a rare unanimous employment opinion, held that placing an additional evidentiary burden on majority group plaintiffs was inconsistent with Title VII of the Civil Rights Act of 1964 and Supreme Court precedent. In Ames, the Court examined whether, in order to establish […]

More of Your Discrimination Cases Headed for Trial in the New Year? We Think So!

A case decided on December 5 by the U.S. 11th Circuit Court of Appeals—a sister federal appeals court to our 5th Circuit, which covers Texas—looks like it is being teed up for review by the Supreme Court of the United States (SCOTUS). The issue: What does it take to get a case dismissed before trial? […]

Scrutinized Supreme Court Faces Challenging Term on Employment Cases

The U.S. Supreme Court opened its new term facing a challenging docket and a distrustful public. The most watched cases all require the Court to more fully articulate the boundaries, if any, of its precedential ruling in Trump v. US, giving the president untrammeled authority over the executive branch, including the unrestricted right to terminate […]

4th Circuit Decision Highlights Changed Adverse Employment Action Standard

The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis set the stage for an increase in claims arising out of circumstances in which an employee experiences a change in their working conditions that doesn’t rise to the level of a pay cut, demotion, or termination. The effects of the Court’s decision were […]

Private Sector Employers Weigh Supreme Court’s Ban on Nationwide Injunctions

The Supreme Court’s recent ruling in Trump v. CASA that banned federal district court judges from issuing nationwide injunctions was met with mixed feelings among employer groups. Some of the most well-known injunctions were sought by employers—against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate, federal contractors’ minimum wage, certain expansive pregnancy regulations, and […]

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Here’s What Employers Need to Know About the ‘Big Beautiful Bill’

On July 4, 2025, President Trump signed into law a nearly 900-page bill that includes several provisions that will affect private-sector employers, including increased tax deductions, changes to Medicare eligibility requirements, and increased challenges to immigration compliance. Bonus Depreciation and IRC Section 179 Expense Limit The new bill—formally entitled, “An Act to provide for the […]