The Supreme Court’s 2025 Business Workup

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The following is meant as entertainment, not legal advice. Readers are not clients of a lawfirm until a paid retainer has been received, and one-on-one consultation has been delivered. Please discuss any particulars about your situation with a qualified business attorney.

As a business owner, you know the ground is always shifting. But in 2025, it wasn’t just the market that changed—it was the rulebook itself. While you were focused on growth, hiring, and innovation, the U.S. Supreme Court and other federal courts were busy handing down decisions that will directly impact your operations, your liability, and your bottom line.

Ignoring these legal shifts isn’t an option; it’s a risk you can’t afford. This past year brought transformative changes to employment law, regulatory challenges, and intellectual property rights. For California businesses, who already navigate one of the most complex legal environments in the country, understanding these new federal precedents is critical. Let’s break down what happened and what you need to do about it.

Your Workplace Just Got More Complicated

Employment law saw some of the most significant changes, creating new risks and challenges for employers, especially those with Diversity, Equity, and Inclusion (DEI) programs.

DEI Under the Microscope: A New Era for Discrimination Claims

In a unanimous decision, Ames v. Ohio Dept. of Youth Services, the Supreme Court made it easier for any employee to bring a discrimination claim under Title VII, regardless of whether they belong to a majority or minority group. The Court eliminated a heightened legal standard that some courts had required for “reverse discrimination” claims.  

  • What this means for you: This ruling arrives amid intense scrutiny of corporate DEI programs. It simplifies the path for employees to challenge hiring decisions, promotions, or other initiatives they believe are discriminatory, even if those programs were designed to foster diversity. California’s strong anti-discrimination laws are now supplemented by a federal precedent that could fuel a new wave of litigation against well-intentioned employers. It is now more important than ever to ensure your DEI policies are carefully crafted, lawful, and implemented non-discriminatorily.  

A Small Win on Overtime, But Don’t Get Complacent

In a victory for employers, the Supreme Court clarified in E.M.D. Sales, Inc. v. Carrera that the burden of proof for classifying an employee as exempt from overtime is the “preponderance of the evidence” standard, not the tougher “clear and convincing” standard some courts had applied. This creates a more manageable and uniform federal standard.  

  • What this means for you: While this is welcome news, California business owners must proceed with extreme caution. California’s wage and hour laws are notoriously stricter than the federal Fair Labor Standards Act (FLSA). This ruling does not change your obligations under California’s stringent salary and duties tests for exempt employees. The California Labor Commissioner’s Office remains highly aggressive in enforcing wage theft and misclassification rules, issuing millions in penalties in 2025 alone. Federal rulings offer little protection if you run afoul of state law.  

New Rules for Regulation and Risk

The courts also redrew the map for how businesses can challenge federal regulations and protect their assets.

Challenging Regulations: New Tools, New Hurdles

Two key decisions created a new dynamic for fighting back against government overreach. First, in Diamond Alternative Energy v. EPA, the Court made it easier for businesses that are indirectly harmed by a regulation to sue the responsible agency. This expands the universe of potential challengers.  

However, in Trump v. CASA, Inc., the Court held that federal judges likely cannot issue “nationwide injunctions” that block a policy for everyone. A victory in court may now only protect the specific companies that filed the lawsuit.  

  • What this means for you: You now have a stronger basis to challenge a federal regulation that hurts your supply chain or market, even if it doesn’t target you directly. But achieving broad relief from a bad rule will require more strategic, coordinated, and potentially more expensive legal action.

Protecting Your Brand and Your Corporate Structure

In a unanimous decision that champions smart corporate planning, Dewberry Group v. Dewberry Engineers, the Court ruled that a trademark infringement damages award is limited to the profits of the specific company named in the lawsuit. A court cannot automatically include the profits of non-party corporate affiliates, even if they are part of the same family of companies.  

  • What this means for you: This is a major win for the principle of the corporate form. It underscores the power of strategic corporate structuring to shield assets and limit liability across your business entities. For California entrepreneurs with multiple LLCs or corporations, this decision reinforces the value of maintaining legal separation between them.

Don’t wait for a demand letter or a government notice to find out where you’re exposed. The rules have changed. Is your business ready?

Contact the attorneys at Nowland Law today for a comprehensive review of your policies and risk-management strategies to ensure your business is protected for 2026 and beyond.