Brian Schwartz

Brian Schwartz

Miller Canfield

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SCOTUS: Federal Agencies Can Change Interpretive Rules Without Formal Process

Federal agencies are not required to follow formal notice-and-comment rulemaking when making significant changes to interpretive rules, according to a unanimous U.S. Supreme Court. In Perez v. Mortgage Bankers Association,...more

3/11/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

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

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

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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