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Two Courts of Appeals Reject Arbitration Agreements Post-Epic

USA - June 18 2018 The U.S. Supreme Court’s May 21, 2018, decision in Epic Systems, Inc. v. Lewis handed a major victory to employers in holding that arbitration…

Michael R. Phillips, Peyton N. Smith

The Perils of Calculating Regular Rate of Pay

USA - March 14 2017 Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5…

David D. Leishman, Michael D. Mandel, Michael R. Phillips

FAQs on Department of Labor’s New FLSA Overtime Rule

USA - June 13 2016 As we reported on May 18, 2016, the U.S. Department of Labor (DOL) published its new final rule regarding the overtime regulations of the federal…

Brian D. Barger, Michael D. Mandel

‘Not Completely Disassociated’: 4th Circuit Creates New FLSA Joint Employer Test

USA - February 2 2017 On Jan. 25, 2017, in Salinas v. Commercial Interiors, Inc., the 4th Circuit created a brand-new test for joint employer liability under the Fair Labor…

Michael D. Mandel, Brian E. Spang

2nd Circuit Agrees With 7th: Sexual Orientation Discrimination Is Sex Discrimination

USA - February 28 2018 The 7th U.S. Circuit Court of Appeals, in deciding Hively v. Ivy Tech Community College on April 4, 2017, became the first federal appellate court to…

Michael J. DiMattia, Michael R. Phillips