Four employment law cases are set for argument at the US Supreme Court this fall, starting on opening day - October 1, 2018.
ADEA: Mount Lemmon Fire District v. Guido [Briefs] raises the issue of whether a local government is covered by the Age Discrimination in Employment Act even if it has less than 20 employees. To be argued Oct. 1, 2018. My comments: Does ADEA 20-employee minimum apply to local governments? US Supreme Court will decide
Arbitration: New Prime Inc. v. Oliveira [Briefs] raises two issues: (1) whether an independent contractor's arbitration agreement is covered by the Federal Arbitration Act, and (2) whether the trial court (rather than an arbitrator) should resolve that threshold question. To be argued Oct. 3, 2018. My comments: Who decides arbitrability question? US Supreme Court will decide; Can an independent contractor have a "contract of employment"?
Class-action arbitration: Lamps Plus Inc. v. Varela [Briefs] raises this issue: "Whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements." To be argued Oct. 29, 2018. My comments: Class action arbitration case hits US Supreme Court.
Payroll tax: BNSF Railway v. Loos [Briefs] – Whether a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act. To be argued November 6, 2018. My comments: Another railroad payroll tax case hits the US Supreme Court