Tag: Supreme Court

Toobin’s Take on Hobby Lobby

Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. The company’s philosophy is imbued with the religious views of its founder David Green. For example, the number one operating principle listed on their website is “Honoring the Lord […]

Toobin’s Take on Hobby Lobby

Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is the case to watch on this session’s Supreme Court docket, says noted author Jeffrey Toobin. Individuals have religious freedom, of course, Toobin says, but do corporations? Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. […]

Can an Early Settlement Avert Collective Actions? (Maybe)

In Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court ruled that, at least in this case, action by the employer to offer a settlement “mooted” the collection action, says Brinkerhoff. (A case is “moot” when the issue has been resolved, and the case is no longer “live.”) Brinkerhoff, who is an associate in the […]

Compensation Litigation: Plaintiffs’ Attorneys Are Figuring It Out

FLSA litigation is heating up, and partly for that reason, it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, who is an associate in the law firm Holland & Hart LLP in Las Vegas, offered tips on wage/hour compliance at the Advanced Employment Issues Symposium, held recently in Las Vegas. To add insult to injury, about 50 […]

Employers Face More Challenges in Covering Same-gender Spouses

Many hoped that the U.S. Supreme Court’s ruling in U.S. v. Windsor would clear up the confusion regarding what employers and plan administrators can and should do if they have employees with same-gender spouses. Alas, that was not to be. As 2014 approaches, employers face as many complications as ever. Rather than simplifying matters, the […]

DOMA is unconstitutional, but many questions left unanswered

Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.

Dress for success

This season, the network that originally brought you “COPS” is giving the oversaturated police-television show market a somewhat fresh take through its cop comedy called “Brooklyn Nine-Nine.” The show stars Andy Samberg as Det. Jake Peralta, a “talented, but carefree” (Fox’s words—not mine) detective dealing with his new hard-nosed, rule-following boss, played by Andre Braugher. […]

Same-Sex Marriages Legally Recognized: How Do Healthcare Benefits Change?

With the DOMA ban on same-sex marriage being ruled unconstitutional, what does this mean for healthcare benefits—will a same-sex marriage be recognized in the same way as other marriages, thus allowing the same-sex partner to receive spousal healthcare benefits paid for at the pre-tax rate? This is just one of the many questions employers are […]