Briefs

Memo
22-047
Wednesday, March 9, 2022

CWC has filed a friend-of-the-court brief with the National Labor Relations Board arguing that the Board’s so-called “Boeing” standard that is used to balance employer and employee rights when determining whether an employer policy violates federal l


Briefs
20-145
Friday, July 24, 2020

Our brief submitted in support of the High Court taking up this case argues that the appeals court misinterpreted both the Federal Arbitration Act and Supreme Court precedent in ruling that an arbitrator could impose class arbitration even though the


Briefs
20-092
Friday, May 8, 2020

Our brief to the High Court argues the Ninth Circuit got it very wrong in ruling that prior salary, either “alone or in combination with other factors,” can never justify a wage differential under the Equal Pay Act, regardless of whether it was appli


Memo
19-236
Friday, November 15, 2019

The NLRB is asking interested parties to weigh in on whether to change its standard that protects racially offensive speech when uttered in the context of exercising labor law rights, even where it conflicts with an employer’s nondiscrimination oblig


Memo
19-181
Friday, September 6, 2019

Our brief to the High Court argues that the Ninth Circuit got it wrong when it ruled that plaintiffs bringing a race discrimination claim under “Section 1981” have a less stringent burden of proof than the statute requires.


Memo
19-090
Friday, May 17, 2019

By design, the Americans with Disabilities Act requires an individualized assessment of whether a person is subject to the law’s protection. Nevertheless, a federal trial court somehow found that a class of more than 7,000 current and former employee


Memo
19-078
Friday, April 19, 2019

In a case with similarities to the Supreme Court’s landmark decision in Dukes v. Wal-Mart, the plaintiffs here are seeking to bring a huge Title VII class action. Our brief to the Ninth Circuit argues that the same rationale that was applied in Dukes


Memo
19-040
Friday, February 22, 2019

Our brief urges the Justices to reverse a longstanding rule that allows the courts to defer to an agency’s sub-regulatory interpretation of its own unclear regulation, contending that the rule encourages agencies to make significant policy pronouncem


Memo
19-033
Friday, February 15, 2019

CWC’s friend-of-the-court brief asks the full Fifth Circuit to reconsider and reverse a three-judge panel ruling that we contend badly misinterprets the ADA’s direct threat defense, making it harder for an employer to prove direct threat and increasi


Memo
19-019
Friday, January 25, 2019

Our brief argues that a lower court got it wrong in finding that an arbitrator should decide whether an arbitration agreement provided for class arbitration. We contend instead that under Supreme Court precedent, that decision should have been up to


No content found


© 2021 by Center for Workplace Compliance. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying, exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your membership status or becoming a CWC member, please contact us at info@cwc.org or 202-629-5655.