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 Fair Labor Standards Act. The decision reversed a Fourth Circuit ruling that had required employers to prove...Read More

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 that renders any non-compete unenforceable when an employer discharges an employee without providing severance benefits or other...Read More

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 construed as a request for the agency to take remedial...Read More

The North Carolina Wage and Hour Act (NCWHA) governs the state-level wage and hour requirements for North Carolina employers and the corresponding rights of covered employees. The law includes requirements for minimum wages, overtime compensation, wage payments, payments of promised wages and benefits, youth employment, and recordkeeping. The law is codified at N.C. Gen. Stat....Read More

Tim Coffield, attorney, covers the Supreme Court case of Connick v. Myers and its implications for First Amendment speech by public employees.Read More