The Employment Law Docket of the 2015-2016 U.S. Supreme Court Term: An Analysis of the Employment Issues That the Supreme Court Will Decide Next Year (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $135 (Includes a downloadable audio version.)
Viewable Through: 12/31/2016


A pre-recorded streaming VIDEO replay of the October 2015 webcast, The Employment Law Docket of the 2015-2016 U.S. Supreme Court Term: An Analysis of the Employment Issues That the Supreme Court Will Decide Next Year .

Topics covered include:

  • Are class action waivers in arbitration agreements enforceable? DIRECTV, Inc. v. Imburgia
  • What must an ERISA plan administrator show to recover from the participant benefits paid by the plan in error? Montanile v. Board of Trs. of Nat'l Elevator Industry Health Benefit Plan
  • When does the filing period for a constructive discharge claim begin to run under federal employment discrimination law? Green v. Donahoe
  • Does an individual have Article III standing to sue under the Fair Credit Reporting Act for alleged willful violations despite a lack of concrete injury? Spokeo v. Robins
  • Whether a case becomes moot when plaintiff receives an offer of complete relief? Whether the answer is different when the plaintiff has asserted a class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class certification? Whether doctrine of derivative sovereign immunity recognized in Yearsley v. W.A. Ross Construction Co. for government contractors is restricted to claims arising out of property damage caused by public works projects? Campbell-Ewald Company v. Gomez
  • What deference should courts afford to agency interpretations? Kingdomware Technologies, Inc. v. United States
  • Whether the ERISA preempts Vermont’s Health Care Uniform Reporting and Evaluation System, which requires self-insured health plans to submit claims data to statewide database? Gobeille v. Liberty Mut. Ins. Co., U.S., No. 14-181, cert. granted 6/29/15
  • Whether to overrule Abood v. Detroit Board of Education, 431 U.S. 209 (1977), which held that allowing unions to collect agency fees from public employees who aren't union members violates the employees' First Amendment rights to free speech and free association, provided that nonmembers' agency fees go solely toward costs of bargaining, grievance adjustment and contract administration? Friedrichs v. California Teachers Ass'n, (9th Cir.) U.S., No. 14-915, cert. granted 6/30/15
  • Whether class/collective action can be certified where liability and damages will be determined with statistical techniques that presume class members are identical to the average in a sample? Whether class/collective action can be certified if class or collective includes hundreds of members who weren't injured and lacked a right to damages? Tyson Foods Inc. v. Bouaphakeo et al., case number 14-1146

The Supreme Court’s decisions in next year’s term promise to have significant ramifications for employees, employers, and benefit plans. During this interactive program, the presenters will provide an advance view of the employment issues that the Supreme Court will decide in its new term.

The speakers will discuss issues of class action procedure, mandatory employment claim arbitration, EEOC litigation prerequisites, privacy, ERISA fiduciary claims, and other issues that will be featured on the Supreme Court’s 2015-2016 docket.


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Sarah A. Belger, McGuireWoods / Tysons Corner
Sarah Belger focuses her practice on labor and employment law, with particular emphasis on employment-related litigation. She counsels and defends employers in claims under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), ERISA, the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), USERRA, the Worker Adjustment and Retraining Notification (WARN) Act, and other federal and state statutes, breach of contract claims, covenants not to compete, trade secrets claims, and tort claims, including wrongful discharge, defamation, conspiracy, and tortious interference claims.   She also handles ERISA litigation involving claims for employee benefits, breach of fiduciary duty, multi-employer plans, and withdrawal liability.
Additionally, Ms. Belger advises management on issues such as employment contracts, employee handbooks, and employee discipline. She also provides training to clients on many topics, including Title VII, ADA, FMLA, management considerations in reductions in workforce, documentation techniques, and best practices for discipline. In addition to her labor and employment practice, she has experience in procurement matters involving multiple Virginia political subdivisions.


James P. McElligott Jr., McGuireWoods / Richmond
James McElligott advises and defends private and publicly held corporations, public agencies, benefit plans, and fiduciaries concerning employee benefits, executive compensation, and related labor and employment issues, including ERISA litigation, class actions, claims for employee benefits and executive compensation, breach of fiduciary duty (including stock-drop class actions), multiemployer plans and withdrawal liability, retirement medical, benefits in bankruptcy, and Pension Benefit Guaranty Corporation issues.
Mr. McElligott is a fellow of the College of Labor and Employment Attorneys. He regularly publishes and lectures on employment, benefits, and compensation issues. He has been interviewed by the Wall Street Journal, New York Times, Baltimore Sun, Daily Labor Reporter, Pension and Benefits Week, Computer Law, Tax Report, CBS Business Watch, Business Insurance, Chicago Sun Times, Richmond Times-Dispatch, MicroSoft Network,, Employment and Labor Lawcast, and other publications.

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