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Department of Labor (DOL) Supreme Court of the United States Employee Rights

Keating Muething & Klekamp PLL

Benefits Monthly Minute - June 2025

(Very!) hot off the press, the June Monthly Minute brings you up to speed on a new SCOTUS decision addressing retiree rights to sue under the ADA, proposed HIPAA security updates and Department of Labor guidance on...more

Littler

Policy Week in Review – June 2025 #4

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SCOTUS Curtails Nationwide Injunctions - The U.S. Supreme Court sharply curtailed “universal” injunctions. The Court’s June 27, 2025 decision came in a case involving an executive order seeking to limit birthright...more

Seyfarth Shaw LLP

Report From Day 1 of The 2025 ABA OSHA/MSHA Law Conference

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This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in...more

Husch Blackwell LLP

President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

Husch Blackwell LLP on

Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more

Miles & Stockbridge P.C.

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

Parker Poe Adams & Bernstein LLP

Supreme Court Clarifies Standard of Proof for FLSA Exempt Status

Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more

Vedder Price

Supreme Court Clarifies Burden of Proof Standard for FLSA Claims

Vedder Price on

Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to...more

Proskauer - Law and the Workplace

SCOTUS:  No Heightened Standard of Proof Required for FLSA Exemption Defense

In E.M.D. Sales, Inc. v. Cabrera, issued on January 15, 2025, the Supreme Court held that the “preponderance of the evidence” standard—and not the more difficult-to-satisfy “clear and convincing evidence” standard—applies...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

McGuireWoods LLP

FMLA’s Expanded Definition of “Spouse” Now Effective in All States

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As discussed in our prior article, the U.S. Department of Labor (DOL) promulgated a final rule on February 25, 2015 that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse”...more

Constangy, Brooks, Smith & Prophete, LLP

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more

McGuireWoods LLP

Supreme Court Says Constitution Requires States to License Same-Sex Marriages

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In another blockbuster 5-4 ruling authored by Justice Kennedy, in Obergefell v. Hodges, 576 U.S. ___. ____ (2015), the U.S. Supreme Court has held that the Fourteenth Amendment to the Constitution requires a state to license...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Franczek P.C.

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Franczek P.C. on

Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and...more

Butler Snow LLP

Update on Same-Sex Employee Benefits

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In recent months employers around the country, have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships. This articles touches on some recent guidance in...more

K&L Gates LLP

DOL Seeks to Extend FMLA Rights Relating to Same-Sex Spouses

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The U.S. Department of Labor (DOL) published a notice of proposed rulemaking on June 27, 2014, announcing a proposal that would expand the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include all...more

Ballard Spahr LLP

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

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A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

Littler

Supreme Court Hears Oral Argument and Appears to Seek Middle Ground on Definition of "Clothes" Under the FLSA

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On Monday, November 4, the Supreme Court heard oral arguments in Sandifer v. United States Steel Corp. on the issue of the meaning of the term "clothes" in section 3(o) of the Fair Labor Standards Act (FLSA). Under the FLSA,...more

McAfee & Taft

EmployerLINC Employment Law Update - FMLA leave and same-sex spouses

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After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Policy Changes Employers Should Make in Light of Windsor and the DOL’s New Guidance

On June 26, 2013, the Supreme Court of the United States struck down the Defense of Marriage Act’s (DOMA) provision defining marriage as between one man and one woman....more

BakerHostetler

Deconstructing DOMA: The DOL Takes Its First Step Down The Path Toward Extended Rights for Same-Sex Spouses

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The United States Department of Labor (DOL) just took the first of "many steps" it plans to take over the coming months to implement the United States Supreme Court's decision in United States v. Windsor, striking down...more

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