In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more
6/10/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
In Groff v. DeJoy, Postmaster General, a unanimous U.S. Supreme Court set aside nearly five decades of precedent holding that an employer could deny an employee’s request for a religious accommodation under Title VII if the...more
In a reminder that it takes more than a big paycheck to be exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”), the U.S. Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that a...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
On September 28, 2017, the U.S. Supreme Court agreed to hear a case in which the Court will be asked to decide whether the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling...more
Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more
11/15/2016
/ Affordable Care Act ,
Arbitration ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Deportation ,
E-Verify ,
Employee Restrooms ,
Employment Contract ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
H-1B ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Immigrants ,
Judicial Appointments ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Over-Time ,
Presidential Nominations ,
Reasonable Accommodation ,
Right to Work ,
SCOTUS ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
Over the summer, the U.S. Supreme Court punted on the question of whether “Service Advisers” or “Service Writers” at auto dealerships fall within the Fair Labor Standards Act’s exemption for “any salesman, partsman, or...more
9/19/2016
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
Last October, we reported on a petition by an auto dealership asking the U.S. Supreme Court to overturn a ruling by the 9th Circuit Court of Appeals holding that the dealership's service advisors did not qualify for the...more
Last week, in DIRECTV v. Imburgia, the United States Supreme Court issued a decision once again re-affirming the strong federal policy in favor of arbitration.
At issue in this case was a service agreement entered into...more
If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more
9/21/2015
/ Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Internships ,
Medicare ,
Minimum Wage ,
Nurses ,
SCOTUS ,
Summary Judgment ,
Unpaid Interns ,
Unpaid Overtime ,
Wage and Hour
On June 1, 2015, the U.S. Supreme Court ruled that an applicant rejected for a retail store position by Abercrombie & Fitch because she wore a headscarf could maintain a Title VII claim against the retailer, even though she...more
6/2/2015
/ Abercrombie & Fitch ,
Corporate Counsel ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
Retailers ,
SCOTUS ,
Title VII