Christopher M. Trebilcock

Christopher M. Trebilcock

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

Minimum Wage for Federal Contract Workers Will Increase to $10.10 on January 1

The U.S. Department of Labor (DOL) has raised the minimum wage for federal service and construction contract workers to $10.10, in a final rule that takes effect January 1, 2015. This final rule implements Executive Order...more

10/17/2014 - Covered Contracts DOL Executive Orders Federal Contractors Final Rules FLSA Minimum Wage

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

4/24/2014 - Affirmative Action Constitutional Amendment Gender Discrimination Hiring & Firing Public Entities Public Schools Race Discrimination School Districts SCOTUS Universities

FLSA Overtime Rule Changes Likely: What Would They Mean For Employers?

New overtime rules likely to be issued by the Obama Administration would make more executive or managerial employees eligible for overtime pay under FLSA. Under the current federal rules, executive or managerial...more

3/24/2014 - DOL FLSA Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

SCOTUS Expands Sarbanes-Oxley Whistleblowing Protections to Private Contractors of Publicly Traded Companies

Corporate whistleblower protections provided to employees of publicly traded companies by the Sarbanes-Oxley Act also extend to employees of the companies’ private contractors, the U.S. Supreme Court ruled on March 4, 2014....more

3/7/2014 - Contractors Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblowers

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 Rejects EEOC’s “Nebulous” Definition of “Supervisor” under Title VII

Employers “may be vicariously liable for an employee’s unlawful harassment only where the employer has empowered that employee to take tangible employment actions against the victim…,” the U.S. Supreme Court ruled on June 25,...more

6/25/2013 - Discrimination EEOC Harassment Hiring & Firing Racial Discrimination SCOTUS Supervisors Title VII Vance v. Ball State University

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

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more

5/17/2013 - Complaint Procedures FLSA Non-Exempt Employees Wage and Hour

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

4/2/2013 - Cell Phones Fourth Amendment Mobile Devices Public Schools Search & Seizure Students Texting

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

Employer Not Liable for Employee's Failure to Report Unpaid Time

Following prior decisions of the Eighth and Ninth Circuit Courts of Appeals, in White v Baptist Memorial Health Care Corp., the Sixth Circuit Court of Appeals rejected claims brought by a former nurse seeking unpaid wages for...more

11/13/2012

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