News & Analysis as of September 26, 2024

Wage and Hour

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

Fisher Phillips on 9/26/2024

The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

An Employment Law Prelude to SCOTUS's October Term

Maynard Nexsen on 9/19/2024

The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This...more

Supreme Court Hears Oral Argument on Title VII Religious Accommodation Standard

Littler on 4/19/2023

On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices....more

Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

Jackson Lewis P.C. on 2/6/2023

The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more

SCOTUS Predictions: How Will Supreme Court Rule on a $200,000 Employee’s Claim for Overtime Pay?

Fisher Phillips on 1/12/2023

Imagine this scenario: You pay an employee a substantial daily rate — which works out to more than $200,000 a year. Still, the employee claims they’re entitled to overtime pay because they were paid a daily — rather than...more

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Parker Poe Adams & Bernstein LLP on 11/18/2022

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Supreme Court Takes Up FLSA High Earners Exemption

Polsinelli on 10/18/2022

On October 12, 2022, the U.S. Supreme Court heard oral arguments in a case that considers whether a supervisor who earned over $200,000 annually may still be eligible for overtime pay under the Fair Labor Standards Act...more

The California Implications Of Perez v. Mortgage Bankers Association

Allen Matkins on 12/4/2014

On Monday, the U.S. Supreme Court heard oral arguments in Perez v. Mortgage Bankers Ass’n et al. The case, if decided against the Department of Labor (Thomas E. Perez is the Secretary of Labor), will have a significant...more

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

Holland & Knight LLP on 12/3/2014

On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more

They Also Serve Who Only Stand and Wait – and Get Paid for It

Pullman & Comley - Labor, Employment and... on 11/19/2014

When the poet John Milton observed that “they also serve who only stand and wait,” it was unlikely that he was thinking about employees who are required to pass through security clearance when leaving the workplace at the end...more

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

Orrick - Employment Law and Litigation on 11/19/2014

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more

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