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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Book Closes on Obama-Era Overtime Rule

It has taken nearly a year and a half, but it finally appears that the Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions will not go into effect....more

Texas Federal Court Deals Yet Another Blow to USDOL's Overtime Rule

by Fisher Phillips on

A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

Arizona Supreme Court Rejects Challenge to Proposition 206

by Stinson Leonard Street on

On August 2, 2017, the Arizona Supreme Court released its written opinion rejecting the Arizona Chamber of Commerce and other business groups’ challenge to Proposition 206, also known as The Fair Wages and Healthy Families...more

Oral Argument in Overtime Appeal to be Held in Early October

The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more

Possible Workforce Impact from DACA and TPS Elimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The combination of the Trump Administration re-examination of grants of Temporary Protected Status to nearly 340,000 foreign nationals, and the recent threats by Texas and ten other States to challenge the...more

Missouri enacts new employment law favoring employers

by Thompson Coburn LLP on

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more...more

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

by Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

New Rules Applicable to NYC’s Freelance Isn't Free Act Prevents Covered Employers from Utilizing Arbitration Provisions and Class...

by Littler on

New York City’s Freelance Isn’t Free Act goes into effect on July 24, 2017. Anticipated rules to “clarify” the Act, which amend Title 6 of the City’s Rules by adding a new chapter 12, have now been promulgated by the...more

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more

USDOL Submits Arguments In Salary Appeal

by Fisher Phillips on

The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the...more

Trump DOL to the Fifth Circuit: Uphold Ability to Set a Salary Level, But Don’t Rule on $913 Per Week Threshold

For the past seven months, employers throughout the country have been wondering what the future would hold with respect to the revised overtime regulations that were supposed to become effective last December and what...more

Immigration Updates: June 26, 2017

by Miller Canfield on

The United States Supreme Court has allowed portions of President Trump’s travel ban to take effect; citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen may be denied admission to the United States if they lack any...more

Travel Ban Update: The United States Supreme Court Will Hear The Appeal Over President Donald Trump’s Revised Travel Ban Next Term...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Supreme Court will hear oral arguments on the Travel Ban in their next term. Shortly before its summer recess, the United States Supreme Court agreed to hear oral arguments on the Trump...more

What Does The Supreme Court “Travel Ban” Decision Mean For Employers?

The U.S. Supreme Court issued a preliminary ruling yesterday in the Trump Administration’s challenges to lower court decisions on the “travel ban.” The Administration had sought to: stay preliminary injunctions issued...more

U.S. Supreme Court Partially Lifts Injunction on President Trump’s March Executive Order on Immigration Policy

by Littler on

On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

West Virginia Supreme Court Decision Clears the Way for Legal Reform

by Steptoe & Johnson PLLC on

On June 16, 2017, the Supreme Court of Appeals of West Virginia delivered its opinion in the matter of Martinez v. Asplundh Tree Expert Co., which involved consideration of whether two key pieces of West Virginia’s...more

New Administration Dismantles More Of Obama Arbitration Regulations

It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes. Now, the Trump Administration has altered course on two other issues of arbitration policy....more

Fourth and Ninth Circuits Sink Trump Travel Ban as Prelude to High Court Review

by Genova Burns LLC on

In the most recent judicial setbacks to President Trump’s Executive Order earlier this year suspending the U.S. entry of aliens from six Muslim-majority countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen), reducing the...more

Ninth Circuit Partially Affirms Preliminary Injunction of the Travel Ban

On January 27, 2017, President Trump issued Executive Order 13769, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” (EO1), which went into effect immediately. In EO1, the president invoked...more

Friday News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The ongoing saga of the President’s executive order to implement a travel ban...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant...more

Full Second Circuit Asked to Revisit Prior Precedent that Title VII Does Not Protect Sexual Orientation

by FordHarrison on

On April 3, 2017, in Christiansen v. Omnicom Group, Inc., the Second Circuit held that it was bound by prior precedent in ruling that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation...more

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