Category Archives: SCOTUS Decisions

He Who Hesitates May Be Lost, Says Supreme Court

In a closely-watched case, the Supreme Court unanimously held today that an employer who does not timely raise an employee’s failure to comply with the EEOC’s exhaustion requirements can be held to have waived its right to raise that defense, because the exhaustion requirement is not a jurisdictional prerequisite.

Trend of Pro-Employer Arbitration SCOTUS Decisions on Class-Actions Continues with Lamps Plus

The Supreme Court ruled Wednesday that an arbitration agreement must explicitly provide for class-wide arbitration in order for class claims to proceed to arbitration and that, where an agreement is ambiguous on whether the parties agreed that claims could proceed on a class-wide basis, no class-wide arbitration can be ordered. Lamps Plus, Inc. v. Varela., No. 17-988 (Apr. 24, 2019). The 5-4 decision broke along traditional default lines, with Justices Thomas, Alito, Kavanaugh and Gorsuch joining Chief Justice Roberts in the majority.