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Supreme Court Decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

After 6-tiers in the making, the Supreme Court decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. _____ (2018), but the opinion shows that you can’t always have your cake and eat it too.
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The Employer

Current FMLA Forms Expire July 31

The Family and Medical Leave Act (FMLA) forms are set to expire July 31 under the Paperwork Reduction Act of 1995, which requires the Department of Labor (DOL) to submit its forms at least every three years to the Office of Management and Budget (OMB) to ensure processes aren’t too bureaucratic. The FMLA forms are used to certify that an employee is eligible to take FMLA leave and to notify him or her of leave rights under the law.
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U.S. Supreme Court Declares Class Action Arbitration Waivers Enforceable

In a 5-4 decision on May 21, the Supreme Court of the United States ruled that arbitration agreements providing for individualized proceeding are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”).
In Epic v. Systems Corp. v. Lewis, 584 U.S.
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U.S. Supreme Court Holds Service Advisors are Exempt from the FLSA Overtime-Pay Requirement

Under the Fair Labor Standards Act (FLSA), employers must pay overtime to covered employees who work more than 40 hours in a week. The law, however, exempts many categories of employees, among whom are employees at car dealerships. Congress narrowed the exemption to cover sales and parts employees, and mechanics primarily engaged in selling or servicing automobiles and other vehicles. For years, the law was understood to exempt service advisors.
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Discrimination Based on Transgender Status Violates Title VII

In EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. 6th Circuit Court of Appeals No. 16-2424, the U.S. Court of Appeals for the Sixth Circuit recently ruled that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights Act of 1964. The Sixth Circuit, which covers Michigan, Ohio, Kentucky, and Tennessee, is the first such federal appellate court to so rule.
The employer, R.G. & G.R.
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The NLRB Reverts Back to the Browning-Ferris Joint Employer Test

Since August 27, 2015, employers have been grappling with the new NLRB standard regarding joint employment. The Browning-Ferris v. NLRB decision established that a joint-employer relationship will be found if the alleged joint-employers possess, exercise or simply retain the right, directly or indirectly, to control essential terms and conditions of employment, even if that control is not exercised. The Browning-Ferris decision was appealed and the U.S. Court of Appeals for the D.C.
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