Perez v. Mortgage Bankers: DOL Powers and Overtime Protections for Mortgage Loan Officers
In Perez v. Mortgage Bankers Ass'n, 575 U.S. 92, 135 S. Ct. 1199 (2015), the Supreme Court held that an agency, like the Department of Labor, is not required to use notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that...
Mitchell v. Kentucky Finance Co.: Overtime Protections for Loan Officers
In Mitchell v. Kentucky Finance Co., 359 U.S. 290 (1959) the Supreme Court held that the business of making personal loans to individuals does not constitute "sales of . . . services" by a "retail or service establishment," within the meaning of the retail and service...
Ex Parte Young: A Partial Way Around Sovereign Immunity
The Supreme Court’s decision in Ex Parte Young, 209 U.S. 123 (1908), stands for the principle that sovereign immunity does not prevent people harmed by state agencies acting in violation of federal law from suing the officials in charge of the agencies in their...
Federal Express v. Holowecki: EEOC Charge Defined
In Fed. Exp. Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008), the Supreme Court held that for an employee’s filing with the Equal Employment Opportunity Commission to be deemed a “charge” under the Age Discrimination in Employment Act, it must be reasonably...
Kimel v. Fla. Bd. of Regents: Sovereign Immunity and the Age Discrimination in Employment Act
In Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 120 S. Ct. 631 (2000), the Supreme Court held that although the Age Discrimination in Employment Act contains a clear statement of Congress' intent to abrogate the States' sovereign immunity, that abrogation exceeded...
Coleman v. Ct. of Appeals of Maryland: Sovereign Immunity and the Family Medical Leave Act
In Coleman v. Ct. of Appeals of Maryland, 566 U.S. 30, 132 S.Ct. 1327 (2012), the Supreme Court held that Congress did not validly abrogate States' sovereign immunity from suits for money damages in enacting FMLA's self-care provision. Consequently, State employees...
Uzuegbunam v. Preczewski: Request for Nominal Damages Satisfies Redressability Requirement
In Uzuegbunam v. Preczewski, 141 S.Ct. 792 (2021), the Supreme Court held that a request for nominal damages satisfies the redressability element necessary for Article III standing where a plaintiff's claim is based on a completed violation of a legal right. The case...
Crawford v. Metropolitan Government of Nashville: Protection for Opposing Discrimination Against Others
In Crawford v. Metropolitan Government of Nashville, 555 U.S. 271 (2009), the Supreme Court held that the protection of the opposition clause of Title VII’s antiretaliation provision extended to an employee who spoke out about sexual harassment, not on her own...
Brooklyn Savings Bank v. O’Neill: FLSA Rights Cannot be Waived by Private Contract
In Brooklyn Savings Bank v. O'Neill, 324 U.S. 697 (1945), the Court made clear that an employee cannot enter into a contract releasing minimum wage or overtime pay rights under the Fair Labor Standards Act unless the release is approved by a court or the Department of...
Hoffmann-La Roche v. Sperling: Judicial Notice in FLSA Collective Actions
In Hoffmann-La Roche v. Sperling, 493 U.S. 165 (1989), the Supreme Court held that under the collective action provision of the Fair Labor Standards Act, District Courts have discretion in Age Discrimination in Employment Act cases to facilitate judicial notice to...