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Statutory Interpretation Exempt-Employees

Ballard Spahr LLP

The Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases

Ballard Spahr LLP on

Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more

Pullman & Comley - Labor, Employment and...

U.S. Supreme Court Confirms that Employers Are Not Subject to Heightened Standard in Proving Compliance with Federal Overtime and...

The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938.  It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more

Tucker Arensberg, P.C.

Five Months Since the End of Chevron Deference: The Department of Labor is Already Playing Defense

Tucker Arensberg, P.C. on

In a recent edition of this Newsletter, I wrote about the end of Chevron Deference and its potential impact on employment law broadly. Less than five months since the U.S. Supreme Court issued its landmark decision in the...more

ArentFox Schiff

Post-Chevron Employment Law Regulations: What to Expect

ArentFox Schiff on

Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Seyfarth Shaw LLP

U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

Seyfarth Shaw LLP on

On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

Rumberger | Kirk on

On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Proskauer - Law and the Workplace

Second Circuit, Relying on SCOTUS Instruction, Rejects "Narrow Construction" Principle for FLSA Exemptions

In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed...more

Bradley Arant Boult Cummings LLP

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more

Dorsey & Whitney LLP

Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act

Dorsey & Whitney LLP on

Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more

McGuireWoods LLP

Supreme Court Sides with the DOL Regarding Interpretative Rules

McGuireWoods LLP on

In a unanimous decision on Monday, March 9, 2015, the United States Supreme Court gave the Department of Labor (DOL) broad discretion to revise interpretive guidance with little notice. ...more

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