Brian Schwartz

Brian Schwartz

Miller Canfield

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Employee Time Spent During Security Screenings Is Not Compensable

Employees are not entitled to pay for time spent during security screenings at the end of the workday, a unanimous U.S. Supreme Court ruled on December 9, 2014. In Integrity Staffing Solutions v. Busk, two employees who...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Job Applicant Denied Whistleblower Protection in Sixth Circuit

Job applicants lack standing to bring whistleblower retaliation claims under the False Claims Act (FCA) and the Energy Reorganization Act (ERA) because they are not “employees,” according to the Sixth Circuit Court of...more

11/20/2014 - Appeals Corporate Counsel Employee Definition Energy Reorganization Act False Claims Act Hiring & Firing Job Applicants Popular Whistleblower Protection Policies Whistleblowers

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

11/18/2014 - American Red Cross Corporate Counsel Discrimination Employer Liability Issues Hiring & Firing Non-Profits Popular Religious Discrimination Title VII Volunteers

ESOP Fiduciaries Are Not Entitled to a Presumption of Prudence

Fiduciaries of employee stock ownership plans (ESOPs) are not entitled to a “presumption of prudence,” the U.S. Supreme Court unanimously ruled in Fifth Third Bancorp v. Dudenhoeffer, released June 25, 2014. The Court...more

6/27/2014 - ERISA ESOP FIfth Third Bancorp v Dudenhoeffer SCOTUS Stock Drop Litigation US Bancorp

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

6/24/2014 - First Amendment Lane v Franks et.al Protected Activity Public Employees Retaliation SCOTUS Subpoenas Testimony Trials

U.S. Supreme Court Case Could Alter Retiree Health Benefit Landscape

The U.S. Supreme Court has agreed to review a 2013 Sixth Circuit decision that could alter the way collective bargaining agreement provisions covering retiree health benefits are interpreted. In Taketts v. M&G Polymers, the...more

5/9/2014 - Collective Bargaining Employer Group Health Plans Employer Healthcare Costs Essential Health Benefits Healthcare Retirement SCOTUS

Donning/Doffing Protective Clothing is “Changing Clothes” under FLSA, SCOTUS Rules

Putting on and taking off protective clothing is considered “changing clothes” under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled on January 27, 2014. The ruling allows employers and unions to exclude...more

1/29/2014 - FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Workplace Attire

Six-Month Limit on Claims under FLSA, Equal Pay Act Ruled as Invalid Waiver Says Sixth Circuit

Provisions in employment agreements that shorten the statute of limitations period for employees to file claims under the Fair Labor Standards Act (FLSA) and Equal Pay Act (EPA) are invalid, the Sixth Circuit ruled on August...more

8/8/2013 - Employment Contract Equal Pay Act FLSA Liquidated Damages Minimum Wage Over-Time Statute of Limitations Waivers

U.S. Supreme Court Enforces Class Action Arbitration Waivers Despite Claim That Cost of Arbitrating Exceed Potential Recovery

The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more

6/25/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Department of Labor Delays Deadline for Certain “Obama Care” Notice Requirements

On January 24, 2013, the Department of Labor issued guidance delaying the deadline for employers to provide employees with notice of coverage options available through the health care exchanges....more

1/30/2013 - Affordable Care Act DOL Employer Group Health Plans FLSA Health Insurance Exchanges Notice Requirements

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