A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court
Continue Reading Are Highly Paid Daily Rate Workers Entitled to Overtime Under FLSA? Supreme Court Resolves Issue
In Morgan v. Sundance, Inc., the U.S. Supreme Court resolved a circuit split regarding whether a party has waived its right to arbitrate. Under the test reviewed by the
Continue Reading Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
The U.S. Supreme Court ruled Jan. 24 in Hughes et al. v Northwestern University et al. that in litigation challenging fiduciaries of benefit plans that allegedly have imprudent investment options,
Continue Reading Supreme Court Holds ERISA Requires Plaintiffs to Allege Context-Specific Breaches of Fiduciary Duty to Monitor
In a 6-to-3 decision, the Court stayed the requirement that employees of large employers (100+ employees) either receive a COVID-19 vaccination or submit to weekly COVID-19 testing and wear
Continue Reading Supreme Court Stays Enforcement of OSHA Emergency Temporary Standard on Workplace COVID-19 Vaccination, Testing
On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that
Continue Reading Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
On Feb. 21, 2018, the U.S. Supreme Court held that the anti-retaliation provision of the Dodd-Frank Act (DFA) protects only employees who complain to the Securities and Exchange Commission (SEC)
Continue Reading SCOTUS Rules Dodd-Frank Does Not Protect Internal Whistleblowing