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What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim

In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly...more

9/11/2014 - Corporate Counsel Religion Religious Discrimination

How To Calculate Unpaid Overtime: Fifth Circuit Rules In Favor of FWW

In an appeal concerning the correct calculation of overtime damages due to employees misclassified as exempt, the Fifth Circuit Court of Appeals emphatically slammed the door on a trial court’s attempt to require an employer...more

9/10/2013 - Employer Liability Issues Full-Time Employees Misclassification Unpaid Overtime Wage and Hour

Supreme Court Arbitration Jurisprudence—No Class Action If You Say So

Combining last week’s decision in American Express Co. v. Italian Colors Restaurant with its decision earlier this month in Oxford Health Plans v. Sutter, the Supreme Court’s position now seems clear. If an employer wants to...more

6/25/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers FLSA Oxford Health v Sutter SCOTUS

Supreme Court Weighs In On FLSA Class Action Issues

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s...more

4/18/2013 - Collective Actions Dismissals FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 SCOTUS

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