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 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 an identifiable term or condition of employment, but that harm need not be significant. The case is...Read More

The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the number of hours an employee “works” each workweek. As explained below, the FLSA generally requires that compensable working time include any time that an employee is suffered or permitted...Read More

In Goldberg v. Whitaker House Co-op., Inc., 366 U.S. 28, 81 S. Ct. 933, 6 L. Ed. 2d 100 (1961), the Supreme Court held that members of a knitting cooperative who performed “homework,” were paid on a piece-rate basis to make items for the co-op, and who were subject to expulsion for substandard work, were “employees”...Read More