The Supreme Court recently a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory provisions involving federal...more
7/12/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
Within the last two weeks of June 2024, courts across the country reached opposite conclusions about the U.S. Equal Employment Opportunity Commission’s authority to implement legislation that requires employers to provide...more
7/11/2024
/ Abortion ,
Anti-Retaliation Provisions ,
Chevron Deference ,
Constitutional Challenges ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Injunctions ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS
The U.S. Supreme Court has “clarified” the test under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission have relied upon for more than 46 years, making it easier for...more
7/19/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS
The National Labor Relations Board (Board) continues to expand its authority to impose remedies on employers in its decision in Noah’s Ark Processors, LLC; rendering an unusual advisory opinion on the extent of the remedies...more
Employers often assume that a highly compensated supervisory employee will not be entitled to overtime pay when the employee works more than forty hours in a work week. That assumption proved to be incorrect in a recent U.S....more
On June 24, 2022, the United States Supreme Court overturned the constitutional right to abortion established in Roe v. Wade. In Dobbs v. Jackson Women’s Health, a 6-3 decision, the Supreme Court upheld a Mississippi law...more
10/4/2022
/ Abortion ,
Anti-Abortion Memorandum ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dobbs v. Jackson Women’s Health Organization ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
NLRA ,
Roe v Wade ,
SCOTUS ,
Title VII
The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more
5/27/2022
/ Certiorari ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions