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Employment Law Blog

E.M.D. Sales, Inc. v. Carrera: Preponderance Standard Governs FLSA Exemption Defenses

In E.M.D. Sales, Inc. v. Carrera, 604 U.S. 45 (2025), the Supreme Court held that the preponderance-of-the-evidence standard governs when an employer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-pay provisions of the...
•July 29, 2026•
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Virginia’s 2026 Non-Compete Statute Amendments: SB 170 (Severance on Discharge) and HB 627 (Health Care Professionals)

Effective July 1, 2026, two separate bills enacted in the 2026 Virginia General Assembly session amend Va. Code § 40.1-28.7:8 — the statute prohibiting covenants not to compete with low-wage employees. Senate Bill 170 adds a new prohibition...
•July 29, 2026•
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Muldrow v. City of St. Louis: Revised Standard of Harm in Discrimination Cases

In Muldrow v. City of St. Louis, 144 S. Ct. 967 (2024), the Supreme Court held that an employee challenging a job transfer under Title VII must show that the transfer brought about “some harm” with respect to...
•August 5, 2024•
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The 2024 DOL FLSA Independent Contractor Rules: Similar to the Fourth Circuit’s Existing Standard

Effective July 1, 2024, the Department of Labor’s new independent contractor rules provide guidelines for distinguishing between employees and non-employee independent contractors, for purposes of the overtime and minimum wage requirements of the Fair Labor Standards Act. As...
•August 5, 2024•
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Bartels v. Birmingham: Early Economic Reality Test For Employment Relationship in Music Industry

In Bartels v. Birmingham, 332 U.S. 126, 67 S. Ct. 1547 (1947), the Supreme Court held that members of musical bands were employees of the bands’ leaders, rather than of the operators of the dance halls where the...
•March 12, 2024•
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Recent Articles

E.M.D. Sales, Inc. v. Carrera: Preponderance Standard Governs FLSA Exemption Defenses
July 29, 2026
Virginia’s 2026 Non-Compete Statute Amendments: SB 170 (Severance on Discharge) and HB 627 (Health Care Professionals)
July 29, 2026
Muldrow v. City of St. Louis: Revised Standard of Harm in Discrimination Cases
August 5, 2024

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