Allyn & Fortuna LLPNicholas Fortuna, November 12, 2013. Last week the Supreme Court curiously took oral argument on the meaning of clothes. Under a provision of the Fair Labor Standards Act (FLSA) the time spent “changing clothes” does not count towards the statute’s overtime provisions. The case brought by employees against United States Steel Corporation claimed that the time to put on overalls should count under the FLSA. The employees’ lawyer began his argument by listing items that would not be considered clothes: glasses, earrings, necklaces, wristwatches and toupees. He also included…
Nicholas Fortuna, October 18, 2013. This term, the U.S. Supreme Court will rule on the scope of the President’s power to make recess appointments under the Constitution. Article II of the Constitution provides that the president shall have power to fill vacancies subject to Senate confirmation during a recess of the Senate to ensure smooth operation of the government. The D.C. Circuit Court of Appeals ruled in National Labor Relations Board (NLRB) v. Noel Canning that President Obama’s three appointments to the NLRB during a recess by the Senate…
Megan Muoio, July 2, 2013. The U.S. Supreme Court recently issued an important decision regarding Title VII of the Civil Rights Act, which prohibits employers and their agents from discriminating against workers on account of their race, color, religion, sex or national origin. The case, Vance v. Ball State University, involved the question of who qualifies as an agent of the employer in an action for workplace harassment. The Supreme Court in Vance, issued in June 2013, severely limited employers’ liability for the discriminatory acts of supervisory employees whose…