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USA - June 27 2012
As the Supreme Court looks ahead to its next term, the Court granted certiorari in three cases of particular significance to employers.
USA - June 22 2012
In Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court held that under the Sixth Amendment “any fact,” other than the fact of a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum “must be submitted to a jury, and proved beyond a reasonable doubt.” Id. at 490.
USA - June 18 2012
The outside-sales exemption of the Fair Labor Standards Act (“FLSA”) provides that an individual who is employed “in the capacity of outside salesman” is not entitled to overtime pay.
USA - May 29 2012
Federal Rule of Civil Procedure 54(d)(1) states that, “[u]nless a federal statute. . . provides otherwise, costs—other than attorney’s fees—should be allowed to the prevailing party.”
USA - April 16 2012
Under the Copyright Act’s first sale doctrine, codified at 17 U.S.C.§ 109(a), “the owner of a particular copy . . . lawfully made under this title” may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner.
