Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Supreme Court Upholds Constitutionality of the TCPA

On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the government debt exception. William P. Barr et al. v. American Association of Political…

TCPA In Jeopardy? US Supreme Court Reviews Constitutionality

On Wednesday, May 6th, the U.S. Supreme Court will hear oral argument in a case concerning the scope of the Telephone Consumer Protection Act (“TCPA”) that is of great interest to businesses and communications industry…

4th Circuit Declares Government Debt Exemption to the TCPA Unconstitutional, But Leaves the Rest of the Statute Intact

Since its adoption, the Telephone Consumer Protection Act (“TCPA”) has periodically been attacked as unconstitutional on grounds that it violates the First Amendment right to free speech due to its content-based…

Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights

The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going…

Supreme Court Poised to Weigh in on Transgender Rights

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the…