Current Employment

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Today, the U.S. Supreme Court granted review of a 7th Circuit decision which held that a mutual fund advisor’s fee was not excessive and an action brought under the fiduciary obligations of section 36(b) of the Investment Company Act was not appropriate unless it could be demonstrated that the advisor misled the fund’s directors who approved the fee.

On Monday, the Supreme Court rendered its decision in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, in which it ruled that a plan administrator must act in accordance with plan documents in determining who is a proper beneficiary under a plan even though that beneficiary previously waived his/her rights to a benefit under the plan via divorce decree.

The Supreme Court issued (another!) unanimous decision today, holding that Title VII of the Civil Rights Act prohibits retaliation against employees who participate in internal investigations of discrimination.

The case, Crawford v. Metro. Gov’t. of Nashville & Davidson Cty., 06-1595, according to Senior Editor Tim Eavenson, is a good decision for everybody – workers and businesses alike, because it reduces fear of retaliation, which is often unfounded in the first place.

The Supreme Court has issued a decision about the rights of non-union employees in unionized jobs.

In a rare unanimous decision (a unanimous labor case? Is that possible?) the Court has held that unions can collect service fees that go to the union’s national affiliate to help pay for national litigation.

On Monday the Supreme Court agreed to hear arguments in Gross v. FBL Financial Services, Inc., a case which should settle a long-held debate over how so-called “mixed motive” claims are handled.