Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more
Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent...more
A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold.
On June 27, 2016, a federal district court...more
The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more
5/24/2016
/ Constructive Discharge ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employees ,
Green v Brennan ,
Race Discrimination ,
Resignation ,
Retaliation ,
SCOTUS ,
Statute of Limitations ,
Title VII ,
USPS
On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional...more
On April 26, 2016, the United States Supreme Court ruled that when a public employer demotes an employee out of a desire to prevent that employee from engaging in First Amendment protected activity, the employee can challenge...more
Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA?
On April 6, 2016, the Department of Labor (DOL) released its...more
The Sixth Circuit Court of Appeals ruled that residential-loan underwriters are exempt administrative employees under the Fair Labor Standards Act (FLSA) and are therefore not entitled to overtime. In Lutz v. Huntington...more
In a ruling that follows the Supreme Court’s repudiation in M&G Polymers USA v. Tackett of the retiree-friendly inferences set forth in UAW v. Yard-Man, the United States Court of Appeals for the Sixth Circuit ruled in Gallo...more
On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred...more
An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more
The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection...more
The U.S. Court of Appeals for the Sixth Circuit recently clarified that when an employer provides notice to a group of workers that their employment will be terminated in the future, they do not suffer an immediate employment...more
In May 2014, Michigan enacted a law that will gradually increase the minimum wage from $7.40 to $9.25 per hour by January 1, 2018. On January 1, 2016, the minimum hourly wage for employees increased by 35 cents, from $8.15...more
In Notice 2016-4, the Internal Revenue Service (IRS) delayed the deadlines for a number of Affordable Care Act reporting requirements under Internal Revenue Code Sections 6055 and 6056 for the 2015 tax year only.
In...more
In DIRECTV, Inc. v. Imburgia et al., the Supreme Court bolstered the preemptive power of the Federal Arbitration Act (“FAA”), once again overturning a state court’s holding that an arbitration agreement was unenforceable due...more
On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not...more
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
The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when...more
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
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
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
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
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
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