ArticleFLSA Administrative Exemption – It Is Not What You Think It IsThe number one class action lawsuit for several years running is FLSA claims for overtime pay.United StatesEmployment and HRSeyfarth Shaw LLP
ArticleFMLA's Expanded Definition Of "Spouse" Now Effective In All StatesIn March 2015, Texas, Arkansas, Louisiana and Nebraska succeeded in enjoining enforcement of a recent Department of Labor rule that extended federal Family and Medical Leave Act (FMLA) protections to same-sex spouses...United StatesEmployment and HRMcGuireWoods LLP
ArticleIssue Spotting For Employers In A Post-Roe EraOn June 24, 2022, the U.S. Supreme Court held in a 5-1-3 opinion that Roe v. Wade – a nearly 50-year-old Supreme Court opinion providing the right to an abortion in this country – should be overturned. See Dobbs v. Jackson Women's Health Organization.United StatesEmployment and HRBakerHostetler
VideoLaborSpeak: NYC Council Expands Sick Leave: What Employers Need To Know (Video)New York City recently enacted changes to the Earned Safe and Sick Time Act that will impact how all private employers provide leave to employees.United StatesEmployment and HRAkin
ArticleMassachusetts Employer Alert: Termination For Submitting Personnel File Rebuttal Violates Public PolicyOn December 17, 2021 the Massachusetts Supreme Judicial Court held in Meehan v. Medical Information Technology, Inc.United StatesEmployment and HRFreeman Mathis & Gary
ArticlePost-Pandemic Religious Accommodation Requests And Objections: The New Workplace Swords And ShieldsOur speakers discuss recent litigation regarding religious accommodation requests—both those related to COVID-19 and those that are unrelated to the pandemic. United StatesEmployment and HROgletree, Deakins, Nash, Smoak & Stewart
ArticleSupreme Court To Review ERISA Statute Of Limitations CaseAccording to the court, actual knowledge is required to start the limitations period.United StatesEmployment and HROgletree, Deakins, Nash, Smoak & Stewart
ArticleSupreme Court Upholds Health Care SubsidiesEarlier today, the United States Supreme Court released its opinion in King v. Burwell, ruling that subsidies under the Affordable Care Act (ACA) could be issued by all health care exchanges.United StatesEmployment and HRVenable LLP
ArticleTaking Too Long To Accommodate Disabled Employee Can Be Fatal To Summary JudgmentThe Court was unpersuaded by IBM's argument that the "routine processing" of an accommodation by a large corporation will take some time, and concluded that a jury must assess the lawfulness of IBM's actions.United StatesEmployment and HRFenwick
ArticleUPDATE: OSHA Test Or Vaccine Rule Is Back On...For NowThe ETS does not apply to any employees who work at home, do not report to a workplace where other workers or customers are present, or work exclusively outdoors.United StatesEmployment and HRWilliams Mullen
ArticleUS Supreme Court To Consider ERISA’s Tracing RequirementsOn March 30, the U.S. Supreme Court announced it would review Bd. of Trustees of Nat. Elevator Indus. Health Ben. Plan v. Montanile, 593 F. App’x 903 United StatesEmployment and HRProskauer Rose LLP
ArticleScalia's Death Revives The Clean Power PlanLast week the Clean Power Plan was basically dead. Five Supreme Court justices had stayed it and determined that the challengers were likely to prevail on the merits.United StatesEnergy and Natural ResourcesFoley & Lardner LLP
ArticleSupreme Court Grants Certiorari In WOTUS CaseThe Supreme Court granted certiorari today in the long running dispute as to whether the federal district courts or appellate courts have jurisdiction to decide the viability of the WOTUS....United StatesEnergy and Natural ResourcesTroutman Pepper Locke LLP
Article9th Circuit Puts ESA Rules Vacatur On HoldThe U.S. Court of Appeals for the Ninth Circuit stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California vacating several Endangered Species Act ...United StatesEnvironmentNossaman LLP
ArticleCourt Affirms Disclosure In NPDES Permitting Is Critical To Permit ShieldA recent Sixth Circuit decision on permit shield protection reinforces the importance of full disclosure to the permitting agencyUnited StatesEnvironmentTroutman Pepper Locke LLP
ArticleElastic Damages In Residential Property Damage ClaimsParties that are potentially responsible for residential environmental contamination in North Carolina face broad exposure and unpredictable outcomes.United StatesEnvironmentTroutman Pepper Locke LLP
ArticleExtended Producer Responsibility: A State By State GuideExtended Producer Responsibility (EPR) laws have been passed in the following eight states (with many also finalizing administrative regulations to implement the program)...United StatesEnvironmentShook, Hardy & Bacon LLP
ArticleFederal Court Decision In Clean Air Act Citizen Suit CaseOn February 25, 2015, the U.S. District Court for the Eastern District of Arkansas issued a decision in the case of Nucor Steel-Ark. v. Big River Steel...United StatesEnvironmentSmith Gambrell & Russell
ArticleHigh Court Rules In Favor Of Landowners, Over Army Corps Of Engineers Objections, On Designating Waters Of The United StatesIn an 8-0 decision, the United States Supreme Court held that designating a property as a Water of the United States was a final agency action.United StatesEnvironmentSmith Gambrell & Russell