This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
In response to thousands of agency complaints it received in 2023, the New York State Department of Health has issued guidance to hospitals regarding compliance with recent legislation on clinical staffing committees and hospital staffing plans.
Two days before the Supreme Court ruled that the FAA’s transportation worker exemption extends beyond the transportation industry, the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities.
On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry.
In a matter of first impression for federal courts, the N.D. of Illinois found that a pension fund cannot use post-2014 contribution rate increases made pursuant to a rehabilitation plan to calculate an employer’s withdrawal liability payment amount.
The Ontario Superior Court of Justice, Divisional Court rejected an employer’s argument that the Human Rights Tribunal of Ontario lacked jurisdiction to hear its case.
The D.C. Circuit sent an unfair labor practice case back to the NLRB because the agency failed to consider the contract-based defenses of an employer accused of violating Section 8(a)(5) of the National Labor Relations Act.
On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.
On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds.
