News & Analysis as of November 17, 2024

Exemptions

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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 -

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

Sheppard Mullin Richter & Hampton LLP on 7/1/2024

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

Proskauer - Law and the Workplace on 6/25/2024

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

Sheppard Mullin Richter & Hampton LLP on 3/16/2023

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Text, Context, and Canons: Inside a Unanimous Supreme Court Decision

Venable LLP on 6/13/2022

The end of the Supreme Court's term usually brings divided decisions. But in Southwest Airlines Co. v. Saxon, the whole Court agreed on both the result and the reasoning in a trim 11 pages....more

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

BakerHostetler on 6/9/2022

For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

The Supreme Court - June 6, 2022

Dorsey & Whitney LLP on 6/9/2022

Southwest Airlines v. Saxon, No. 21-309: This case concerns the scope of the Federal Arbitration Act’s (FAA) exemption for certain interstate transportation workers - namely, “seamen, railroad employees, or any other class of...more

U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation

Ballard Spahr LLP on 6/8/2022

For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon,...more

Supreme Court of the United States Issues Important Decision on the Federal Arbitration Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2022

On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption. In Southwest Airlines Co. v....more

Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t...

Fox Rothschild LLP on 5/13/2022

This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000 per year, albeit paid on a day rate, can nonetheless meet the FLSA test...more

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Supreme Court of the United States › Wage and Hour › Exemptions

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