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
1/16/2025
/ Appeals ,
Burden of Proof ,
EMD Sales Inc v Carrera ,
Employee Rights ,
Employment Litigation ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Wage and Hour
The U.S. Supreme Court next term will address the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). E.M.D. Sales,...more
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar”...more
The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more
7/14/2022
/ Carbon Emissions ,
Clean Power Plan ,
Coal Industry ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
National Federation of Independent Business v Department of Labor and OSHA ,
Natural Gas ,
NLRA ,
OSHA ,
Popular ,
Power Plants ,
SCOTUS ,
West Virginia v EPA
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the “salary basis”...more
The list of laws and regulations governing vaccinations and testing is growing and changing at a frenetic pace. Employers can add U.S. Department of Labor (DOL) guidance on the compensability of time spent undergoing testing...more
1/26/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
SCOTUS ,
Vaccinations ,
Virus Testing
The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims.
...more
7/10/2019
/ Age Discrimination ,
Arbitration ,
Auer Deference ,
Civil Rights Act ,
Class Arbitration ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fort Bend County Texas v Davis ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
Parker Drilling Management Services Ltd v Newton ,
SCOTUS ,
Title VII ,
Wage and Hour
By the thinnest of margins, a majority of the U.S. Supreme Court has declined to overrule the so-called Auer (or Seminole Rock) deference doctrine, under which courts defer to an agency’s reasonable interpretation of its own...more
7/1/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits
Workers on oil drilling platforms off the coast of California are covered by the Fair Labor Standards Act (FLSA), not California’s overtime and wage laws, the U.S. Supreme Court has held unanimously. Parker Drilling...more
6/17/2019
/ Appeals ,
Choice-of-Law ,
Fair Labor Standards Act (FLSA) ,
Federal Enclave Rules ,
Federal Labor Laws ,
Federal v State Law Application ,
Offshore Drilling ,
On-Call Employees ,
Outer Continental Shelf Lands Act ,
Parker Drilling Management Services Ltd v Newton ,
Preemption ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v....more
The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more
6/29/2018
/ Anti-Discrimination Policies ,
Class Action ,
Class Action Arbitration Waivers ,
CNH Industrial N.V. v Reese ,
Collective Bargaining Agreements (CBA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy v National Collegiate Athletic Association ,
Navarro v Encino Motorcars ,
NLRA ,
Over-Time ,
PASPA ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sports Betting ,
Travel Ban ,
Trump v Hawaii ,
Union Dues
After years of litigation, including two trips to the U.S. Supreme Court, on whether service advisors who work in an automobile dealership are exempt from overtime under the Fair Labor Standards Act (FLSA), the Court finally...more
4/4/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro. At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer”...more
The U.S. Supreme Court in 2016 granted certiorari in Encino Motorcars, LLC v. Navarro to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving overtime under the Fair...more
1/10/2017
/ Car Dealerships ,
Certiorari ,
Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
The Supreme Court granted certiorari in Encino Motorcars, LLC v. Navarro, No. 15-415 (June 20, 2016), to resolve a circuit court split regarding whether “service advisors” are exempt from receiving overtime pay under the Fair...more