News & Analysis as of

Exemptions Appeals

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

Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data

In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Bradley Arant Boult Cummings LLP

Understanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government Records

The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner,...more

Mayer Brown

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

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On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

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The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Holland & Knight LLP

Court Upholds City's Reliance on CEQA Exemption, Reaffirms Canons of Statutory Interpretation

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In April 2021, a developer applied to the City of King City, California (City), for a proposed 18,000-square-foot Grocery Outlet store (Project). The Project site was a former 1.6-acre car sales lot adjacent to Highway 101...more

Foley & Lardner LLP

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

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The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Auto Dismantler Exemption/Solid Waste Permitting: Supreme Court of Oregon Addresses Applicability to Scrap Metal Recycling

The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more

Haight Brown & Bonesteel LLP

California Court of Appeal Reverses Trial Court’s Granting of anti-SLAPP Motion Based on Commercial Speech Exemption

In BioCorRx, Inc. v. VDM Biochemicals, Inc., Case No. G061535, the Court of Appeal of the State of California Fourth Appellate District held that statements or representations made by a person or company for the purpose of...more

Downey Brand LLP

Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For...

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In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application of the statutory exemption under CEQA...more

Proskauer - Employee Benefits & Executive...

Latest ERISA Developments on the IRA Rollover Fiduciary Rules, the DOL’s QPAM Exemption Amendment Proposal and the DOL’s ESG Rules

In addition to the excitement of the upcoming outdoor concert season, Proskauer’s lawyers are anxiously awaiting VERY different forms of entertainment: the next installment of the never-ending saga of U.S. Department of...more

Perkins Coie

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

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Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more

Best Best & Krieger LLP

CA Supreme Court Orders Appeals Court Brown Act Opinion Depublished

Opinion requiring local agency to give notice on meeting agenda of CEQA exemption determined by staff is no longer binding precedent, but some CEQA actions must still be agendized - On February 15, 2023, the California...more

Holland & Knight LLP

Massachusetts Food Delivery Drivers Not Exempt From Arbitration

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One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more

Perkins Coie

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

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The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

ArentFox Schiff

US Supreme Court Holds That Airline Cargo Loaders Are Exempt From Arbitration

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The US Supreme Court has held that airline cargo loaders who load and unload cargo from planes that travel across state lines are exempt from the Federal Arbitration Act (FAA) because they belong to a “class of workers...more

Perkins Coie

CEQA Year in Review 2021

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - Introduction - The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and...more

Perkins Coie

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where...

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A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more

Smart & Biggar

FCA allows appeal of FC decision exempting FORTEKOR information from ATI disclosure

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On September 24, 2021, the Federal Court of Appeal (FCA) allowed the Minister’s appeal of a Federal Court (FC) decision finding that certain records relating to Elanco’s FORTEKOR (benazepril) were exempt from disclosure under...more

Bricker Graydon LLP

University vaccine mandate constitutionality: A review of the US Seventh Circuit’s IU decision

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In a succinct decision issued earlier this week, the United States Court of Appeals for the Seventh Circuit (including states Illinois, Indiana and Wisconsin) refused to issue an injunction pending the outcome of a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reminds Employers the Commissioned Worker Exemption Does Not End Tip Pooling Claims

Hospitality industry employers continue to battle with employees over the proper calculation and distribution of tips under the Fair Labor Standards Act. Last month, the Fourth Circuit Court of Appeals (which includes North...more

ArentFox Schiff

Commission-Only Employees Are Not Exempt from Overtime

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On November 9, 2020, the California Court of Appeal (Fourth Appellate District, Division 3) decided Semprini vs Wedbush Securities, Inc., holding that a certified class of employees paid on a commission-only basis did not...more

Genova Burns LLC

ACA Attacked By Left and Right; New Jersey’s Response

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After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more

International Lawyers Network

The Federal Court Of Appeal Upholds Canada’s Anti-spam Legislation As Constitutional

On June 5, 2020, the Federal Court of Appeal (“FCA“) released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada’s anti-spam legislation...more

Downey Brand LLP

Two CEQA Statute of Limitations Cases, Two Different Results

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California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation – ...more

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