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The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive” exemption, “highly compensated employees” are exempt from overtime if performing at least one qualifying job duty. However, on February 22, 2023, the United States Supreme Court, in its 6-3 decision in Helix Energy Solution Group, Inc. v. Hewitt, clarified that highly compensated employees paid on a “day-rate” do not qualify for this exemption because a day-rate does not satisfy the salary basis test.…

Continue Reading Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

On June 6, 2022, a unanimous United States Supreme Court issued another key decision interpreting the Federal Arbitration Act (“FAA”) that will have a significant impact on certain employers going…

Continue Reading United States Supreme Court Rules Certain Airline Employees Exempt From Federal Arbitration Act

On May 2, 2022, the Supreme Court of the United States (“SCOTUS”) granted an employer’s petition for review to determine whether highly compensated employees are entitled to overtime compensation under the Fair Labor Standards Act (“FLSA”) if they are paid on a daily rate and not on a salary basis. …
Continue Reading SCOTUS to Determine Whether Highly Compensated Employees Are Entitled to Overtime Pay

On April 22, 2019, the United States Supreme Court granted certiorari in a trio of cases challenging the scope of Title VII of the Civil Rights Act of 1964’s (“Title VII”) prohibition on discrimination on the basis of sex.  The definition of “sex” in Title VII, and particularly whether the term incorporates sexual orientation and/or gender identity, is currently the subject of uncertainty and a hotly debated judicial and administrative divide.  Specifically, while the Equal Employment Opportunity Commission (“EEOC”) and United States Court of Appeals for the Second and Seventh Circuits have each determined that the term “sex” encompasses sexual orientation, the United States Court of Appeals for the Eleventh Circuit has held that Title VII does not prohibit discrimination on the basis of sexual orientation.  While the court has notably declined to hear cases aimed at resolving the meaning of “sex” in Title VII in recent years, its grant of certiorari signals that the Court is now prepared to address the issue.
Continue Reading SCOTUS To Rule On Whether Title VII Prohibits Sexual Orientation And Gender Identity Discrimination

On May 21, 2018, the United States Supreme Court upheld the legality of arbitration agreements containing class action waivers. In a 5-4 decision written by Justice Gorsuch, the Court held that arbitration agreements providing for individualized proceedings were valid, and neither the Federal Arbitration Act’s (“FAA”) savings clause, nor the National Labor Relations Act (“NLRA”) suggest otherwise. …
Continue Reading U.S. Supreme Court Upholds Enforceability of Mandatory Employment Class Action Waivers

Last week, in Mach Mining, LLC v. EEOC, the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer.  In the simplest of terms, Title VII requires that the EEOC try to remedy unlawful employment practices through “informal methods of conference, conciliation, and persuasion” before it is permitted to file a lawsuit against the employer.
Continue Reading The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?