News & Analysis as of

Certiorari Over-Time Supreme Court of the United States

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

Supreme Court Will Consider Whether Employers Have Heightened Burden for Demonstrating Overtime Exemption

On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Kohrman Jackson & Krantz LLP

Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?

The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more

Jackson Lewis P.C.

Supreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case

Jackson Lewis P.C. on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Certiorari Grants: Fall 2017 Term

1. Freedom of Speech; Labor and Employment. Janus v. American Federation of State, County and Municipal Employees, No. 16-1466. May a government require its employees to pay agency fees to an exclusive representative for...more

Littler

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

Littler on

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

Jackson Lewis P.C.

Ninth Circuit Reaffirms Service Advisors Eligible for Overtime, Setting Up Second Potential Trip to Supreme Court

Jackson Lewis P.C. on

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

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