Tag Archives: supreme court

United States Supreme Court Agrees to Review Class Action Waiver Cases

Earlier today, the United States Supreme Court granted certiorari in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307, Epic Systems Corp. v. Lewis, Case No. 16-285 and Ernst & Young LLP v. Morris, Case No. 16-300, consolidating them for argument. The three cases present the question whether class action waivers in employment arbitration agreements … Continue Reading

SCOTUS to Resolve Circuit Split Regarding Whether “Service Advisors” Are Exempt From Overtime and Consider Deference Owed to USDOL

On Friday, the United States Supreme Court agreed to resolve the current split among the Circuit Courts regarding whether “service advisors” are exempt from overtime under the 213(b)(10) exemption, an exemption applicable to any “salesman, partsman, or mechanic” who is primarily engaged in “selling or servicing automobiles.” Both the Fourth and Fifth Circuits have held … Continue Reading

Uber Litigation Continues To Serve As Legal Lightning Rod for “On Demand” Economy

Cases challenging the independent contractor status of certain service providers under the wage-and-hour laws are likely to continue in the near future due to the difficulties in applying the law to complex factual patterns. The Department of Labor recently provided additional guidance for determining contractor status in the form of an Administrator’s Interpretation (and the … Continue Reading

Supreme Court Upholds DOL’s 2010 Interpretive Guidance Reversing Prior Position Regarding FLSA Classification of Loan Officers

Reversing the D.C. Circuit’s 2013 opinion, the Supreme Court today held that the U.S. Department of Labor did not violate the Administrative Procedure Act (APA) when, in 2010, it issued its Administrator’s Interpretation stating that mortgage loan officers generally do not qualify for the administrative exemption without first affording the public the opportunity for notice … Continue Reading

Origins of Wage-and-Hour Jurisprudence: Portland Terminal

Many current FLSA compensation issues which are the subject of widespread litigation – such as the current wave of intern cases – have their legal underpinnings in Supreme Court authority decided during the 1940s in the years following the enactment of the FLSA (1938) and the Portal-to-Portal Act (1947).  For example, courts seeking to interpret … Continue Reading

Supreme Court: Security Screening Time Not Compensable Under FLSA

Unanimously reversing the Ninth Circuit, today the U.S. Supreme Court held that time spent by warehouse workers undergoing security screenings was non-compensable because it did not constitute a “principal activity,” nor was it “integral and indispensable” to the workers’ other principal activities.  Integrity Staffing Solutions, Inc. v. Busk, No. 13–433 (Dec. 9, 2014). The Court … Continue Reading

Supreme Court Declines Skycaps’ Appeal of Tip Claim Preemption Ruling

Presumably ending the long-running litigation regarding whether certain Massachusetts skycaps’ common law claims challenging the imposition of a $2 curbside baggage handling fee that allegedly caused a reduction in tips are preempted, the U.S. Supreme Court has declined to hear an appeal of the First Circuit’s 2013 decision finding those claims preempted by the Airline … Continue Reading

Supreme Court Declines Catsimatidis’ Invitation To Review FLSA Liability

Though the high court recently has accepted other petitions for certiorari on FLSA issues, today the Court declined Gristede’s owner and former NYC mayoral candidate John Catsimatidis’ request that the Court take up his case and review the imposition of individual liability imposed by the Second Circuit.  Catsimatidis v. Irizarry, 2014 U.S. LEXIS 1802 (2014).  … Continue Reading

Supreme Court Accepts FLSA Certiorari Petition Regarding Pay for “Security Screening”

The Supreme Court agreed today to hear a case involving application of the Portal-to-Portal Act to employees who claim they should be compensated for time spent undergoing security screenings used to prevent employee theft.  Integrity Staffing Solutions, Inc. v. Busk, Case No. 13-433.   The employees allege they were required to undergo security screenings to prevent … Continue Reading

Supreme Court Affirms Seventh Circuit: Donning of Protective Gear “Changing Clothes” Within the Meaning of FLSA Provision

Building on its prior rulings in so-called “donning and doffing” cases, the Supreme Court affirmed the Seventh Circuit’s 2012 decision holding that the donning of certain protective gear qualifies as “changing clothes” within the meaning of 29 U.S.C. § 203(o), and thus is susceptible to exclusion from the hours worked calculation under the terms of … Continue Reading

Supreme Court Declines Review of Intern Compensability Issue

While the compensability of time spent in internship programs continues to be an hotly contested litigation issue, the United States Supreme Court has declined an opportunity to provide clarity in this area, denying certiorari to a Florida medical billing intern whose claim was rejected last year by the Eleventh Circuit.  Kaplan v. Code Blue Billing … Continue Reading

Supreme Court Declines to Review Nurse’s Claim of Off-the-Clock Work In Contravention of Policy

Letting stand a decision of the Court of Appeals of the Sixth Circuit, the Supreme Court has denied review of an emergency room nurse’s claim for overtime based on work allegedly performed during unpaid meal breaks. White v. Baptist Mem’l Health Care Corp., U.S., No. 13-107, cert. denied 10/7/13. Plaintiff urged the Supreme Court to review the … Continue Reading

5-4 Supreme Court Affirms Dismissal of Collective Action Based on Employer’s Settlement Offer

Issuing its second sharply divided procedural opinion in as many months with ramifications for wage-and-hour practitioners, the Supreme Court yesterday ruled that a Pennsylvania nursing facility’s “offer of judgment,” which would have provided full relief to the sole putative collective action representative, effectively “mooted” her case.  Accordingly, no collective action could proceed even though the … Continue Reading

Supreme Court Accepts Review In FLSA “Donning/Doffing” Case

On February 21, 2013, the United States Supreme Court granted another FLSA certiorari petition, in the matter of Sandifer v. United States Steel Corp.  In the underlying litigation in Sandifer, the plaintiffs sought compensation under the FLSA for time spent donning and doffing certain protective gear.  Although the time spent donning and doffing these articles … Continue Reading

New USDOL Fact Sheet Discusses FLSA Retaliation

Reflecting the Supreme Court’s 2011 decision regarding the scope of protected activity under the FLSA, the U.S. Department of Labor has issued Fact Sheet 77A, summarizing the Department’s view of the FLSA’s anti-retaliation provision.    Simultaneously, the Department also issued fact sheets addressing retaliation under the FMLA and the Migrant and Seasonal Agricultural Worker Protection Act. … Continue Reading

Supreme Court To Decide Classification of Pharmaceutical Representatives

The Supreme Court’s web site confirms that the nation’s highest court has granted the petition for certiorari filed by the pharmaceutical sales representative (PSR) plaintiffs in Christopher et al. v. SmithKline Beecham Corporation.  The Court will now review the Ninth Circuit’s ruling in Christopher that SmithKline properly classifies its pharmaceutical sales representatives as "outside sales" employees, … Continue Reading

Following Third Circuit Precedent, Pennsylvania Federal Judge Finds Pharmaceutical Representatives Are Exempt Administrative Employees

As the pharmaceutical community eagerly awaits the Supreme Court’s decision whether to grant certiorari in Christopher v. SmithKline Beecham Corp., courts within the Third Circuit (encompassing Pennsylvania, New Jersey and Delaware) continue to conform to the appeals court’s previous holding in Smith v. Johnson & Johnson, 593 F.3d 280 (3d Cir. 2010), that pharmaceutical representatives … Continue Reading

Another Petition for Certiorari to US Supreme Court Filed Seeking Clarity As to FLSA Status of PSR’s

As often discussed in this space and elsewhere, Courts continue to widely differ in their analysis as to whether the administrative and/or outside sales exemptions are applicable to pharmaceutical sales representatives. Now, the Supreme Court will have another opportunity to weigh in on the applicability of the outside sales exemption to such employees, as the plaintiffs … Continue Reading

Supreme Court Issues Ruling on Oral Complaints of Retaliation, Refuses to Clarify Where Employee Must Complain

While the US Supreme Court recently has rejected petitions for certiorari on key FLSA exemption issues, the highest court in the United States did this term elect to take up the scope of the statute’s protection of workers who make complaints of FLSA violations to their employer.  As discussed in greater detail here, the Court … Continue Reading

Supreme Court Declines to Review Drug Reps Classification Issue

Despite the Circuit split created by this month’s decision from the Ninth Circuit, holding that pharmaceutical sales representatives are outside sales employees within the meaning of the FLSA, the Supreme Court has declined to take up Novartis’ appeal of the adverse ruling it received on this issue from the Second Circuit.  The Supreme Court’s ruling … Continue Reading

Supreme Court Declines Request to Consider Whether Half Time Calculation Is Appropriate Method To Calculate Overtime Due To Misclassified Employees

As previously discussed here and here, several Circuit courts have recently upheld use of the “half time” calculation of damages in FLSA misclassification cases. Urnikis-Negro v. Am. Family Prop. Servs., — F.3d. —, No. 08-3117, 2010 U.S. App. LEXIS 16126 (7th Cir. 2010); Desmond v. PNGI Charles Town Gaming, L.L.C., 2011 U.S. App. LEXIS 702 (4th Cir. Jan. … Continue Reading

Ninth Circuit: Pharmaceutical Sales Representatives Are Exempt Outside Salespersons

On February 14, 2010, the United States Court of Appeals for the Ninth Circuit held GlaxoSmithKline’s pharmaceutical sales representatives (“PSRs”) are exempt from the FLSA’s minimum wage and overtime requirements under the outside sales exemption, rejecting a contrary decision from the Second Circuit, and an amicus brief filed by the United States Department of Labor.  Christopher … Continue Reading

Fourth Circuit Joins Four Prior Circuits in Ratifying Half Time Calculation of Overtime Damages Due Misclassified Exempt Employee

It is well understood that employees misclassified as exempt under the FLSA are entitled to overtime pay for hours worked in excess of forty in a week. However, while the United States Department of Labor takes the position that any unpaid overtime is calculated using the “half-time” method, not all of the Circuit Courts have confirmed … Continue Reading
LexBlog