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Employment Law Blog

Helix Energy v. Hewitt: Day Rates Do Not Meet the Salary-Basis Test Under the FLSA

In Helix Energy Sols. Grp., Inc. v. Hewitt, 143 S. Ct. 677 (2023), the Supreme Court held that the salary-basis test for certain exemptions to the Fair Labor Standards Act is not met when the employee at issue is paid a...
•April 19, 2023•
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Virginia Civil Air Patrol Leave Law: Protections for Employees Who Are Civil Air Patrol Volunteers

Virginia’s Civil Air Patrol Leave Law, Va. Code § 40.1-28.7:6 (“CAPLL,” titled “Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy”), provides that employees who are volunteer members of the Civil Air Patrol are...
•February 17, 2023•
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EEOC v. Abercrombie & Fitch Stores, Inc.: Title VII Gives Favored Treatment to Employees’ Religious Practices

In Equal Emp’t Opportunity Comm’n v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768 (2015), the Supreme Court held that to prove a religion-based disparate treatment claim under Title VII of the Civil Rights Act of 1964, a...
•February 17, 2023•
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Torres v. Texas Dep’t of Pub. Safety: States Do Not Have Sovereign Immunity Against Damages Claims for Servicemember Discrimination Under USERRA

In Torres v. Texas Dep’t of Pub. Safety, 142 S. Ct. 2455 (2022), the Supreme Court held that States do not have sovereign immunity against damages claims for servicemember employment discrimination in violation of the Uniformed Services Employment...
•January 11, 2023•
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Virginia Misclassification Anti-Retaliation Law: Protections for Employees And Independent Contractors Who Report Misclassification

Virginia’s Misclassification Anti-Retaliation Law, Va. Code § 40.1-33.1 (“MARL,” titled “Retaliatory actions prohibited; civil penalty”), provides that employers shall not discharge, penalize, or take any retaliatory action against an employee or independent contractor for reporting, or planning to report, to...
•January 10, 2023•
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