The U.S. Supreme Court in the coming months will wade into a series of issues with major implications for employers, including a case that could curb class-actions by workers in California and a series of challenges to the Biden administration's COVID-19 vaccine mandates.
The Biden administration has required federal contractors, healthcare employers and businesses with 100 or more employees to mandate vaccines or COVID-19 tests for workers, with similar rules adopted by numerous cities and states.
Any decisions by the justices would directly impact millions of U.S. workers who object to the vaccine or require religious or medical exemptions, while also setting key precedents on the limits of executive power in pandemics. The case is Viking River Cruises Inc v. Moriana, U.S. Supreme Court, No. 20-1573. For Viking River: Paul Clement of Kirkland & Ellis. For the plaintiff: Kevin Barnes of Law Offices of Kevin T. Barnes.The high court is poised to rule early next year on whether employee retirement plans can avoid costly litigation over administrative fees simply by offering workers lower-cost investment options.
The case is Hughes v. Northwestern University, U.S. Supreme Court, No. 19-1401. For the plaintiffs: David Frederick of Kellogg, Hansen, Todd, Figel & Frederick. For Northwestern: Gregory Garre of Latham & Watkins.The longstanding principle that courts must defer to federal agencies' reasonable interpretations of ambiguous laws could soon be overruled, which would directly impact challenges to labor and employment policies.
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