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Wage and Hour Supreme Court of the United States Employee Rights

Epstein Becker & Green

Definitional Disagreement Among Justices Fractures Partisan Stereotypes - SCOTUS Today

Yesterday, the U.S. Supreme Court again decided only a single case, that of Feliciano v. Department of Transportation, and, to many Court observers, the most interesting thing about it is the lineup of Justices—one that...more

Jackson Lewis P.C.

Getting Clear on Compiling Random Drug Testing Pools in Iowa

Jackson Lewis P.C. on

The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be...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

Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...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

Littler

High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions

Littler on

On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard.  In so doing,...more

Jackson Lewis P.C.

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

Jackson Lewis P.C. on

Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...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

Burr & Forman

Business Litigation E-Note - October 2020

Burr & Forman on

Spotlight - U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay - On October 5th, the Supreme Court...more

Jackson Lewis P.C.

Supreme Court: Federal Employees Can Sue Over Any Age Discrimination In Employment Decision

Jackson Lewis P.C. on

The U.S. Supreme Court has ruled that federal government employees can sue for age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA) when age bias taints the decision-making process, not merely when...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

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

Proskauer - California Employment Law

California Employment Law Notes - July 2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips

November 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

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 each month in 2017. November was no...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

Pullman & Comley - Labor, Employment and...

Settlement of Wage Claims Under FLSA Must Now be Approved by the Court

A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more

Zelle  LLP

That is SO last week - August 2015

Zelle LLP on

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Foley & Lardner LLP

The Line Out of This Place Is as Long as the Amazon.com River

Foley & Lardner LLP on

This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given...more

McDermott Will & Emery

Developments Impacting Benefits for Same-Sex Spouses

McDermott Will & Emery on

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

Polsinelli

How Employers Fared With the Supremes This Term and What the Future May Hold

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During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

BakerHostetler

Supreme Court Accepts Certiorari In Security Screening Case

BakerHostetler on

We’ve written at least twice now on class actions arising out of time spent by employees going through security lines, primarily at the end of their shifts. The question is whether and when such time might be compensable...more

Fenwick & West LLP

Fenwick Employment Brief - March 2014

Fenwick & West LLP on

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

Mintz - Employment, Labor & Benefits...

Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of...

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...more

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