Justice Antonin Scalia’s death created a 4-4 split among liberal and conservative-leaning Justices, rendering tidy scorecards and trends regarding this past Supreme Court session’s employment law jurisprudence imprudent. The employment law “blockbuster” decisions, which many had hoped for, never debuted. Instead, the Court punted several cases back to circuit courts and issued deadlocked ties or rulings limited in scope.

Pennsylvania recently weighed in on the increasing and developing wage violation litigation, albeit from a procedural perspective, involving Uber Technologies, Inc. (“Uber”).  On July 21, 2016, United States District Court Judge Michael M. Baylson of the Eastern District of Pennsylvania denied Uber’s request to compel arbitration, and Uber’s separate request to stay the pending court action.