The U. S. Supreme Court this morning decided that parties relying on the Federal Arbitration Act for review of an arbitration award can’t force the court to apply a standard different (here, tougher) than that dictated by the FAA. The Court leaves open the possibility that parties could contract for different review standards under the common […]
Recent opinions from the Alaska Supreme Court and the 9th Circuit have questioned the wisdom of the “order of battle” dictated by Saucier v. Katz (2001)(in constitutional tort cases, decide liability first, then qualified immunity). The U. S. Supreme Court has now granted cert and directed the parties to brief whether that part of Saucier should be […]
Retail assistant managers as executives: A recent article by a management-side lawyer sees a trend toward judicial solicitude of employer claims of executive exemption under the FLSA and similar state overtime laws. See Who’s minding the store? from C. R. Wright of Fisher & Phillips. H/T: Washington Labor, Employment & Employee Benefits Law Blog.
The situation under the AWHA is a […]
