Category

Supreme Court Cases
lumber yard - tim coffield
In United States v. Darby, 312 U.S. 100, 61 S. Ct. 451 (1941), the Supreme Court held that Congress had power under the Commerce Clause of the Constitution to enact the Fair Labor Standards Act (“FLSA”). The Court held that the Commerce Clause permitted Congress, through the FLSA, to regulate the working conditions of employers...
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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 deviates significantly from one the agency has previously adopted. The...
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tim coffield - Mitchell v. Kentucky Finance Co
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 establishment exemption to the Fair Labor Standards Act. This...
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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 individual capacity for injunctive relief. In the employment context, this principle...
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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...
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tim coffield attorney - regency
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 Congress’ authority under § 5 of the Fourteenth Amendment. Consequently, under Kimel,...
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The North Carolina Retaliatory Employment Discrimination Act (NCREDA) prohibits employers from retaliating against or penalizing employees for engaging in certain protected activities. N.C. Gen. Stat. Ann. §§ 95-240 to 95-245. In general, the activities protected by NCREDA involve employees in good faith taking action or threatening to take action under certain North Carolina worker’s rights...
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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 are not able to sue their State employers for money damages arising from violations...
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tim-coffield-protest
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 is important because it provides a way for plaintiffs whose Constitutional rights...
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tim coffield - crawford
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 initiative, but in answering questions during employer’s investigation of coworker’s complaints. Statutory Background Title...
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