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Supreme Court Clarifies Proof Standard for Overtime Exemptions

On January 15, 2024, the United States Supreme Court issued a unanimous Judgment in E.M.D. Sales, Inc., v. Carrera that employers only need to prove an exemption under the Fair Labor Standards Act (FLSA) by a preponderance of...more

For Non-Signatories to Contract, Initial Question of Arbitrability Left Up to Court

On November 6, 2024, in Isernia v. Danville Regional Medical Center, the United States District Court for the Western District of Virginia issued an Opinion denying multiple defendants’ motion to compel arbitration. The...more

EEOC Finalizes Pregnant Workers Fairness Act Rule

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its rule implementing the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to require employers to reasonably accommodate employees...more

Supreme Court Lowers the Bar for Employment Discrimination Claims: Only “Some Injury” Required

On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more

Exception for “Transportation Workers” Under the Federal Arbitration Act Grows Larger

The courts will generally enforce employee arbitration agreements via the Federal Arbitration Act (“FAA”). However, a “transportation workers” exemption exists under the FAA. On April 12, 2024, the United States Supreme Court...more

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

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