employee-rights

36 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-488 Valerie Asato v. Hawaii Government Employees Association, et al. Hawaii 2025-10-20 Denied Response Waived constitutional-search duty-of-fair-representation employee-rights fourth-amendment grievance-process labor-law 1. Whether the Hawaii Government Employees Association ("HGEA") breached its duty of fair representation under federal and state labor law by engag…
24-1305 Marcus Todd v. American Federation of State, County and Municipal Employees, Council 5 Eighth Circuit 2025-06-24 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) consent-diversion employee-rights first-amendment janus-standard public-sector-union state-action When a public-sector union gets the government to divert an employee's pay by stating that he consented to join the union, is it a state actor such th…
24-1101 Ali Bahreman v. Allegiant Air, LLC, et al. Ninth Circuit 2025-04-23 Denied Response Waived collective-bargaining duty-of-fair-representation employee-rights labor-organization railway-labor-act union-representation Do a union and employer violate the Railway Labor Act by requiring non-members to financially support a union in a manner not authorized by statute, a…
24-381 Jane Churchon v. Sutter Valley Hospitals California 2024-10-03 Denied Response Waived administrative-law civil-complaint employee-rights garmon-doctrine labor-law nlrb-preemption Whether the Court should overrule Garmon or clarify that factual overlap between a civil complaint and an NLRB complaint is insufficient to invoke Gar…
23-7214 Chanel Tarrant v. Christiana Care, et al. Delaware 2024-04-12 Denied IFP administrative-law civil-rights due-process employee-rights employment-benefits employment-law long-term-disability occupational-safety tort-law workers-compensation workplace-injury Whether a hospital is required to provide long-term disability benefits to an employee after working for them for 30 years and getting injured on the …
23-6427 Carl A. Melvin v. Hampton-Newport Community News Services Board Fourth Circuit 2024-01-08 Denied Relisted (2)IFP agency-accountability civil-rights due-process employee-rights hipaa-violations hostile-work-environment retaliation workplace-retaliation Multiple Retaliation by a Human Services Agency
23-179 Alaska, et al. v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO Alaska 2023-08-25 Denied Amici (8)Response RequestedResponse WaivedRelisted (5) civil-rights due-process employee-rights first-amendment free-speech paycheck-deduction public-sector-unions state-action union union-speech voluntary-waiver waiver Whether the First Amendment prohibits a state from taking money from employees' paychecks to subsidize union speech when the state lacks sufficient ev…
23-5069 Lola Bonitta McGee v. Louis DeJoy, Postmaster General, et al. Ninth Circuit 2023-07-11 Denied Response WaivedIFP abuse-of-power civil-rights disability due-process employee-rights federal-employment government-accountability medical-disability retaliation workplace-discrimination workplace-harassment when-an-exemplary-employee-is-discriminated-against
22-1150 Josh Stein, Attorney General of North Carolina, et al. v. People for the Ethical Treatment of Animals, Inc., et al. Fourth Circuit 2023-05-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (4) civil-procedure civil-rights due-process duty-of-loyalty employee-rights employment-law first-amendment free-speech newsgathering property-protection standing tort-law Whether the First Amendment prohibits applying state tort law against double-agent employees who gather information, including by secretly recording, …
22-1096 Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al. Seventh Circuit 2023-05-10 Denied Response Waived collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine May a government employer withhold money from an employee on behalf of a union based solely on the employee's signature on a union membership card whe…
22-469 Cooperative Educational Service Agency #5 v. Sarah Simon Seventh Circuit 2022-11-18 Denied civil-procedure civil-rights due-process employee-rights equitable-relief federal-family-medical-leave-act fmla-violation monetary-damages prejudice-standard ragsdale-v-wolverine-world-wide seventh-circuit-interpretation standing Does an employee's subjective loss of status that cannot be remedied by monetary damages or appropriate equitable relief constitute prejudice that wou…
22-446 Cheryl Prince-Moore v. Texas Dow Employees Credit Union Fifth Circuit 2022-11-14 Denied Response WaivedRelisted (2) civil-rights due-process employee-rights employment employment-termination family-medical-leave-act fmla-rights health-benefits job-protection statutory-violation termination workplace-discrimination Whether an employer's immediate termination of an employee's employment without any prior offense or communication violates the Family and Medical Lea…
22-226 Cintas Corporation, et al. v. Raymond Hawkins, et al. Sixth Circuit 2022-09-12 Denied Response RequestedResponse WaivedRelisted (2) arbitration civil-procedure contract-enforcement defined-contribution employee-rights erisa fiduciary-duty retirement-plan standing Whether an agreement to arbitrate claims against an ERISA plan's fiduciaries under Section 502(a)(2) of ERISA is enforceable without regard to whether…
22-195 Thomas J. Dart, et al. v. Salvatore Ziccarelli Seventh Circuit 2022-09-01 Denied Response Waived circuit-split civil-liability civil-procedure civil-rights due-process employee-rights employment-law family-medical-leave-act interference-claim standing statutory-interpretation whether a plaintiff bringing a claim for FMLA-interference must prove that he was denied any rights granted by the FMLA
22-20 John Klaas v. Allstate Insurance Company Eleventh Circuit 2022-07-06 Denied Response Waived allstate benefit-termination circuit-court-interpretation contract-interpretation early-retirement eleventh-circuit employee-rights erisa erisa-benefits retirement-benefits Did the Eleventh Circuit critically err by concluding that the written agreements by the parties unambiguously reserved to Allstate the right to termi…
21-1565 State Health Plan for Teachers and State Employees, et al. v. I. Beverly Lake, et al. North Carolina 2022-06-15 Denied civil-procedure constitutional-interpretation constitutional-law contracts-clause due-process employee-rights government-benefits government-employees legislative-reservation statutory-amendment statutory-interpretation When a state legislature expressly reserves the right to amend a statute providing benefits to government employees, does that reservation bar a claim…
21-7579 Taqwa Siddeeq v. DeKalb County, Georgia Eleventh Circuit 2022-04-08 Denied Relisted (2)IFP conflict-of-interest court-record due-process employee-response employee-rights government-counsel government-employment job-tenure loudermill-standard termination-intent Does due process exist under the Loudermill standard when government counsel withholds the employee's written response?
21-1307 Santa Ana Healthcare & Wellness Centre, LP, et al. v. Rubyann Mondragon California 2022-03-30 GVR Response RequestedResponse WaivedRelisted (2) arbitration-agreement california-private-attorneys-general-act class-action employee-rights federal-arbitration-act iskanian-rule iskanian-v-cls-transport lamps-plus-v-varela representative-claims supreme-court-precedent Does the Federal Arbitration Act require enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claim…
21-1121 Handy Technologies, Inc. v. Patrick Pote California 2022-02-14 GVR Response RequestedResponse WaivedRelisted (3) arbitration-agreement california-private-attorneys-general-act class-action employee-rights federal-arbitration-act preemption representative-claims supreme-court-precedent Does the Federal Arbitration Act require enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claim…
21-827 Darek J. Kitlinski, et ux. v. Department of Justice, et al. Fourth Circuit 2021-12-06 Denied Response WaivedRelisted (2) burden-of-proof discriminatory-animus employee-rights employment-discrimination employment-rights federal-employment military-service protected-status reemployment-rights userra Whether the employee must prove that protected status or activity was a motivating factor or prove that the employer had hostility to military service…
21-672 Steven B. Barger v. First Data Corporation Second Circuit 2021-11-05 Denied cost-savings employee-rights employer-obligations employment-rights fmla fmla-restoration leave-of-absence restoration-entitlement statutory-interpretation termination Whether the FMLA prohibits an employer from refusing to restore an employee to work when the employee has timely requested restoration and satisfied a…
21-639 Mark R. Smith v. Kate Bieker, et al. Ninth Circuit 2021-11-01 Denied Response Waived dues-seizure employee-rights first-amendment fourteenth-amendment johnson-v-zerbst state-action union-speech waiver waiver-of-rights May a State, consistent with the First and Fourteenth Amendments, seize for union speech payments from an employee who has notified the State that he …
20-1786 JoAnne Troesch, et al. v. Chicago Teachers Union, et al. Seventh Circuit 2021-06-23 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights employee-rights first-amendment free-speech government-restrictions janus-vs-afscme union-dues waiver waiver-doctrine Under the First Amendment, do governments and unions need clear and compelling evidence of a knowing, intelligent, and voluntary waiver to seize payme…
20-1751 Susan Fischer, et al. v. Phil Murphy, Governor of New Jersey, et al. Third Circuit 2021-06-16 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights employee-rights first-amendment government-action public-employee standing union-dues union-speech waiver waiver-doctrine Whether governments and unions need clear and compelling evidence of a knowing, intelligent, and voluntary waiver of First Amendment rights to seize p…
20-1603 Susan Bennett v. American Federation of State, County, and Municipal Employees, Council 31, AFL-CIO, et al. Seventh Circuit 2021-05-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) affirmative-consent employee-rights first-amendment janus-v-afscme paycheck-deduction public-sector-union public-sector-unions union-dues waiver waiver-requirement Whether an employee's signature on a union membership card and dues deduction authorization by itself authorizes a government employer and public-sect…
20-1573 Viking River Cruises, Inc. v. Angie Moriana California 2021-05-13 Judgment Issued Amici (27)Response RequestedRelisted (2) bilateral-arbitration class-action concepcion employee-rights epic-systems federal-arbitration-act iskanian paga private-attorneys-general-act representative-claims Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative c…
20-1120 Melissa Belgau, et al. v. Jay Inslee, Governor of Washington, et al. Ninth Circuit 2021-02-16 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 collective-bargaining color-of-law employee-rights first-amendment public-employees section-1983 union-dues Whether it violates the First Amendment for a state and union to seize union dues or fees from employees' wages without proof the employees waived the…
20-732 David Wyche v. Occupational Safety and Health Administration Second Circuit 2020-11-25 Denied Response WaivedRelisted (2) administrative-review civil-rights due-process employee-rights employment-termination occupational-safety prima-facie-case termination whistleblower whistleblower-protection workplace-safety Under the OSH Act of 1970 Do I fit the criteria as a whistleblower
20-568 William Geoffroy v. Town of Winchendon, Massachusetts, et al. First Circuit 2020-10-30 Denied Response Waived 29-usc-626 age-discrimination due-process employee-rights employment-law statutory-interpretation voluntary voluntary-consent waiver waiver-validity Whether a waiver of age discrimination claims can be found to be voluntary when an employer verbally revokes an employee's twenty-one (21) day review,…
19-7199 Paul Tooly v. John F. Schwaller Second Circuit 2020-01-07 Denied Response WaivedRelisted (2)IFP civil-rights due-process employee-rights first-amendment free-speech qualified-immunity retaliation standing university-administration workplace-violence Whether the then President of SUNY Potsdam, John Schaller, should be denied qualified immunity for retaliating against an employee for reporting workp…
19-6162 Sean V. Terry v. Swift Transportation Fourth Circuit 2019-10-04 Denied Response WaivedIFP bodily-autonomy civil-rights due-process employee-rights employment medical-ethics medical-examination privacy privacy-violation regulations workplace-conduct Question not identified
19-182 Francisca Guillen v. Dollar Tree Stores, Inc. Ninth Circuit 2019-08-09 Denied Response Waived california-labor-code california-law district-court-discretion electronic-records employee-protection employee-rights jury-instructions labor-code labor-law labor-standards-enforcement statutory-interpretation wage-statements Whether it was error not to instruct a jury on the law set forth in almost 20-years of opinions of California's Department of Labor Standards Enforcem…
18-9426 Paul Duriso v. West Gulf Maritime Association, et al. Fifth Circuit 2019-05-24 Denied Response WaivedRelisted (2)IFP cba civil-procedure civil-rights collective-bargaining due-process employee-rights grievance-process ila-constitution labor-law legal-jurisdiction maritime-law statute-of-limitations texas-civil-practice-and-remedies-code texas-code Whether the laws of the Texas Civil Practice and Remedies Code regarding statute of limitations have been disregarded in the cases of Rhonda Stelly v.…
18-608 Capital Medical Center v. National Labor Relations Board, et al. District of Columbia 2018-11-09 Denied acute-care-hospital employee-rights informational-picketing labor-relations national-labor-relations-act nlrb private-property private-property-rights section-7-rights unfair-labor-practices Whether the National Labor Relations Board's framework for employee informational picketing at acute care hospitals
18-6476 Joseph White v. Detroit East Community Mental Health, et al. Michigan 2018-10-29 Denied IFP civil-rights due-process employee-rights employment fraud hostile-environment hostile-work-environment legal-interpretation organizational-liability sexual-harassment standing statutory-interpretation workplace-abuse Must a court overlook co-workers, supervisors, and organizational directors, to tease and to allow sexual harassment, thus creating a hostile environm…
18-5411 Subi Mehmeti v. Jofaz Transportation, Inc. Second Circuit 2018-08-01 Denied IFP civil-rights constitutional-protections constitutional-rights discrimination due-process employee-rights employment employment-discrimination family-medical-leave-act federal-laws fmla-rights health-condition medical-leave retaliation serious-health-condition workplace-retaliation Was there a legal obligation for company Jofaz Transportation, Inc. under the Family and Medical Leave Act of 1993 to provide leave for an employee wi…