News & Analysis as of

Supreme Court of the United States Fair Labor Standards Act (FLSA) Petition for Writ of Certiorari

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Parker Poe Adams & Bernstein LLP

Supreme Court Will Not Review Challenge to Overtime Exemption Rules

On Monday, the U.S. Supreme Court declined review of a First Circuit Court of Appeals decision rejecting a facial challenge to the way the Department of Labor and federal courts determine exempt versus non-exempt duties under...more

Paul Hastings LLP

Public Company Watch: November/December 2024

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This edition of the Public Company Watch highlights critical updates and regulatory changes affecting public companies. Staying informed on these topics is crucial for effective compliance and strategic planning. Highlights...more

McAfee & Taft

SCOTUS to decide if employee paid a day rate of $963 and making $200,000 a year is entitled to overtime

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Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more

Seyfarth Shaw LLP

A Glimmer Of Hope: The Supreme Court Now Has A Chance To Resolve A Circuit Split And Pronounce That Mortgage Underwriters Qualify...

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Seyfarth Synopsis: As previously discussed in this space, the Ninth Circuit recently chose to side with the Second Circuit, and not the Sixth Circuit, and ruled that mortgage underwriters fail to meet the FLSA’s...more

Benesch

DOJ Now Supports Enforcement of Employment Arbitration Clause

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The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

Seyfarth Shaw LLP

No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work

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Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more

Littler

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

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On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

Miles & Stockbridge P.C.

Supreme Court Declines to Review Second Circuit Decision Requiring Court Approval of FLSA Settlements

On January 11, 2016, the U.S. Supreme Court denied a petition for writ of certiorari in Cheeks v. Freeport Pancake House, Inc., et al., declining to address whether the parties in a non-collective lawsuit brought under the...more

Seyfarth Shaw LLP

Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status of Automobile Service Advisors May Result in...

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The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the...more

Seyfarth Shaw LLP

DOL’s New Companionship Exemption to Take Effect on October 13

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As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. ...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Goodwin

Supreme Court Will Address Use Of Statistical Sampling and Whether A Class Can Be Certified If It Contains Members Who Are Not...

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Last week, the United States Supreme Court granted cert in Bouaphakeo v. Tyson Foods, Inc., a Fair Labor Standards Act (“FLSA”) case with potentially wide reaching implications in federal class actions. In Bouaphakeo,...more

Franczek P.C.

Supreme Court Takes Aim at FLSA Class, Collective Actions

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Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

Holland & Knight LLP

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

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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

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