SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

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Trump Administration Argues for States’ Rights — in Collecting Online Taxes

The Supreme Court is reviewing a case stemming from South Dakota in which that state is demanding that web merchants pay sales tax for any transaction with its residents. A 1992 ruling imposed a “physical presence” limitation that let web retailers evade state taxes unless they physically operated in the taxing state. And surprise, surprise […]

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SCOTUS to Resolve EEOC and DOJ Split on Sexual Orientation Issue?

An upcoming potential Supreme Court case, which will require reviewing a decision by the 11th Circuit Court of Appeals, could help reconcile the different opinions by the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) regarding sexual orientation and whether it is protected under the Civil Rights Act of 1964. At least, […]

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First Monday in October Sees SCOTUS Weigh Workers’ Rights

The Supreme Court opened its 2017-2018 term by taking up a case involving some 25 million workers. At issue was whether workers could be contractually forced to use binding arbitration with class action waivers for employment issues rather than being allowed to take collective legal action. Judge Neil Gorsuch, in his first full term, sat […]

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SCOTUS Again Restores President’s Travel Restrictions

With a federal appeals court order set to take effect today, Justice Anthony Kennedy, acting for the full Supreme Court, restored President Trump’s travel ban, and thus some 24,000 refugees covered by the appeals court ruling will have to wait until Oct. 10 (or later) to hear their fate. That’s the date the full court […]

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Supreme Court Limits Presidential Appointment Powers

The Supreme Court this week curtailed the appointment power of presidents by ruling that no one can be named as an acting head of a federal agency if that person has been nominated for the full position and that position requires Senate approval. The ruling springs from an action by then-President Barack Obama, who in 2011 named Lafe […]

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SCOTUS Refuses to Reconsider Obamacare Immigration Plan Injunction

In July, the Obama White House petitioned the Supreme Court to reconsider its tie vote on a lower court’s injunction against implementing President Obama’s executive orders that would grant deportation deferrals and even work permits to some 4 million undocumented immigrants. On Monday, the first day of the court’s 2016-2017 session, the justices turned down the […]

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Supreme Court Blocks Transgender Bathroom Choice

The U.S. Supreme Court has placed a temporary hold on a lower court order that okayed free choice of bathroom usage by transgender individuals. The action follows a ruling last week by the 7th U.S. Circuit Court of Appeals that voided the transgender rights interpretation by the Equal Employment Opportunity Commission (EEOC). That court said only […]

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Federal Court Rules Against EEOC’s Interpretation of Title VII

In a sharp rebuke to the Equal Employment Opportunity Commission (EEOC) and its finding that the sex discrimination provision of Title VII of the Civil Rights Act covers gender identity and sexual orientation, the 7th U.S. Circuit Court of Appeals in Chicago has ruled that only Congress or the Supreme Court can extend that protection. […]

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Administration Asks SCOTUS to Revisit Immigration Decision

The Department of Justice (DOJ), on behalf of the Obama administration, has petitioned the Supreme Court to reconsider its decision on the president’s immigration executive orders “before a full nine-member court.” The court earlier tied 4-4 in reviewing a Texas federal judge’s injunction against the executive orders that would defer deportation and grant work permits […]

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