News & Analysis as of

Fair Labor Standards Act (FLSA) Oral Argument

Maynard Nexsen

An Employment Law Prelude to SCOTUS's October Term 

Maynard Nexsen on

The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This...more

Fisher Phillips

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

Fisher Phillips on

If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more

Fisher Phillips

SCOTUS Predictions: How Will Supreme Court Rule on a $200,000 Employee’s Claim for Overtime Pay?

Fisher Phillips on

Imagine this scenario: You pay an employee a substantial daily rate — which works out to more than $200,000 a year. Still, the employee claims they’re entitled to overtime pay because they were paid a daily — rather than...more

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Polsinelli

Supreme Court Takes Up FLSA High Earners Exemption

Polsinelli on

On October 12, 2022, the U.S. Supreme Court heard oral arguments in a case that considers whether a supervisor who earned over $200,000 annually may still be eligible for overtime pay under the Fair Labor Standards Act...more

Lowenstein Sandler LLP

SCOTUS to Address Circuit Split Over Arbitration Waiver

Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to...more

Holland & Knight LLP

Supreme Court Hears Argument on Applicability of Federal Arbitration Act to Transportation Independent Contractor Agreements

Holland & Knight LLP on

On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation: November Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation is scheduled for November 30, 2017 in St. Louis, Missouri. Eight matters are set for oral argument to consider motions to transfer each...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Overtime Appeal Oral Argument Scheduled for October 3

The U.S. Court of Appeals for the Fifth Circuit will hold an oral argument in New Orleans on Tuesday, October 3, 2017, in a highly-watched case involving revised overtime regulations that were supposed to become effective...more

Fisher Phillips

Possible October Oral Arguments In Exemption Appeal

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The Fifth Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Roetzel & Andress

Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule

Roetzel & Andress on

On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Critical of DOL Test in Pending Unpaid Intern Cases

Glatt et al. v. Fox Searchlight Pictures Inc., No. 13-4478 (2d Cir.) and Wang et al. v. The Hearst Corp., No. 13-4480, (2d Cir.): On January 30, 2015, the Second Circuit Court of Appeals held oral arguments in two closely...more

Holland & Knight LLP

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

Holland & Knight LLP on

On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more

Pullman & Comley - Labor, Employment and...

They Also Serve Who Only Stand and Wait – and Get Paid for It

When the poet John Milton observed that “they also serve who only stand and wait,” it was unlikely that he was thinking about employees who are required to pass through security clearance when leaving the workplace at the end...more

Orrick - Employment Law and Litigation

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more

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