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Legal News
18 Jul 2015
by Taylor Gillan

[JURIST] The US District Court for the Northeastern District of California [official website] on Thursday ruled [opinion] that Apple [official website] retail workers may pursue a class action lawsuit against Apple for failure to compensate them for time taken to have their bags searched. The ruling by US District Judge … [read more]


Legal News
3 Jul 2015
by Matt Belenky

[JURIST] The US Court of Appeals for the Second Circuit [official website] on Thursday ruled [opinion, PDF] that unpaid internships are legal when they are tied to the intern's education. The decision reverses [Reuters report] a lower court decision that Fox Searchlight Pictures acted illegally by not paying interns, finding … [read more]


Legal News
8 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] granted certiorari [order list, PDF] in three cases Monday. In Shapiro v. Mack [docket; cert. petition, PDF] the court will hear a challenge to the Three Judge Court Act [28 USC § 2284], which requires the convening of a three-judge district court to decide … [read more]


Legal News
9 Mar 2015
by Peter Snyder

[JURIST] The US Supreme Court [official website] ruled [decision, PDF] Monday in Perez v. Mortgage Bankers Association [SCOTUSblog backgrounder] that under the Administrative Procedure Act (APA) [text, PDF] federal agencies are exempt from notice-and-comment requirements when amending or repealing interpretive rules. In 2006 the Department of Labor's Wage and Hour … [read more]


Student Commentary
14 Jan 2015
by Pauline Wein of Valparaiso University Law School

JURIST Guest Columnist Pauline Wein, Valparaiso University Law School Class of 2016, discusses why sex workers should be paid even though their work is illegal...Suppose your employer fails to pay you for work you have done. The US Department of Labor states that your employer owes you back pay and … [read more]


Legal News
26 Dec 2014
by Alexandra Farone

[JURIST] A bill (S.171) [text] that has been pre-filed in the South Carolina Senate [official website] would make certain state colleges pay their student basketball and football players if the bill becomes law. The bill was proposed December 3 by Senator Marlon Kimpson [official profile], who argues that student athletes … [read more]


Legal News
9 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Integrity Staffing Solutions, Inc. v. Busk [SCOTUSblog backgrounder] that employees are not entitled to overtime pay for the time spent waiting for and undergoing post-shift security screening procedures. The plaintiffs are warehouse workers at various sorting facilities connected to … [read more]


Legal News
23 Oct 2014
by Elizabeth Dennis

[JURIST] The National Collegiate Athletic Association (NCAA) [official website] was sued [complaint] Monday for violating the Fair Labor Standards Act (FLSA) [materials]. The lawsuit, brought by a former college athlete against the NCAA and NCAA Division 1 Member Schools, alleges that defendants both jointly agreed and conspired to violate the … [read more]


Legal News
9 Oct 2014
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments in two cases Wednesday. In Integrity Staffing Solutions v. Busk [SCOTUSblog backgrounder] the court is tasked with determining whether time spent by employees for after-hours screenings to guard against warehouse theft qualifies for overtime pay under the Fair Labor Standards … [read more]


Legal News
16 Jun 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in two cases. In Elonis v. United States [docket; cert. petition, PDF] the question presented is: "Whether, consistent with the First Amendment and Virginia v. Black [opinion], ... conviction of threatening another person requires proof of … [read more]


Student Commentary
10 Apr 2014
by Jia Li of Indiana University Maurer School of Law

JURIST Guest Columnist Jia Li, Indiana University Maurer School of Law Class of 2014, discusses the Employee Retirement Income Security Act (ERISA) and how it may potentially interact with the Patient Protection and Affordable Care Act.ERISA §510 is an anti-retaliation provision that prevents employers from interfering with the rights of … [read more]


Legal News
27 Jan 2014
by Daniel Mullen

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Sandifer v. US Steel Corp. [SCOTUS Blog backgrounder] that employees are not entitled to compensation under the Fair Labor Standards Act (FLSA) [text, PDF] for time spent changing in and out of protective gear. The FLSA governs minimum … [read more]


Features
17 Dec 2013

Recently, the Boeing Company and the National Labor Relations Board (NLRB) underwent a controversial legal battle that eventually resulted in the NLRB dropping the case in 2011. The charge against Boeing, a corporation that designs, manufactures and sells aircraft internationally, was led by Lafe Solomon, then General Counsel of the … [read more]


Legal News
4 Nov 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday in two cases. In Walden v. Fiore [transcript, PDF; JURIST report] the court heard arguments on two questions of venue and jurisdiction [Cornell LII backgrounders]. Gina Fiore and Keith Gipson were traveling to Nevada. They were … [read more]


Legal News
17 Apr 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] ruled 5-4 Tuesday in Genesis HealthCare Corp. v. Symczyk [opinion, PDF; JURIST report] that the claim was moot [Cornell LII backgrounder] because respondent "had no personal interest in representing putative, unnamed claimants, nor any other continuing interest that would preserve her suit from … [read more]


Legal News
20 Feb 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] granted the first two cases [order list, PDF] of the 2013 term on Tuesday, including one on campaign finance [JURIST backgrounder]. In McCutcheon v. FEC [notice of appeal, PDF; case materials] the court will consider whether the Federal Election Campaign Act (FECA) [text] … [read more]


Legal News
25 Jun 2012
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in 10 cases. In the consolidated cases of Decker v. Northwest Environmental Defense Center [docket; cert. petition, PDF] and Georgia-Pacific West v. Northwest Environmental Defense Center [docket; cert. petition, PDF] the court will determine whether a … [read more]


Legal News
18 Jun 2012
by Rebecca DiLeonardo

[JURIST] The US Supreme Court [official website] ruled 5-4 [opinion, PDF] Monday in Christopher v. SmithKline Beecham Corp. [SCOTUSblog backgrounder] that pharmaceutical sales representatives (PSRs) qualify as outside salespeople under the Fair Labor Standards Act (FLSA) [text], making them ineligible for overtime under the act. The Department of Labor (DOL) … [read more]


Legal News
17 Apr 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday in Christopher v. SmithKline Beecham Corp. [transcript; JURIST report] on the breadth of the Fair Labor Standards Act (FLSA) [text, PDF] regarding pharmaceutical sales representatives (PSRs) as well as the Secretary of Labor's [official website] interpretation … [read more]


Legal News
28 Nov 2011
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in five cases. In Southern Union Co v. United States [docket], the court will determine whether the Fifth and Sixth Amendment [text] principles that the Supreme Court established in Apprendi v. New Jersey [opinion] and its progeny … [read more]

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