This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal.
At the Supreme Court
Previously Approved Visa Petitions Revoked by USCIS Are Not Appealable to Federal Court
In a decision that will impact employment of individuals whose visa petitions have been revoked, in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), the U.S. Supreme Court held that USCIS revocation of a previously approved visa petition is not reviewable in federal court. “Congress granted the Secretary [of Homeland Security] broad authority to revoke an approved visa petition ‘at any time, for what he deems to be good and sufficient cause.’ Such a revocation is thus ‘in the discretion of’ the agency,” the Supreme Court stated.
Supreme Court to Decide Standard of Proof to Determine Whether an Employee is Exempt Under the FLSA
On November 5, 2024, the U.S. Supreme Court heard oral argument in E.M.D. Sales, Inc. v. Carrera, No. 23-217, which involved a split among the circuits regarding the standard to be applied in determining whether an employee is exempt from the overtime requirements of the FLSA. The case involved an employer’s appeal of a Fourth Circuit decision, which required employers to establish by clear and convincing evidence that employees are exempt. The Fourth Circuit decision contrasted with the decisions of six other appellate courts that held employers are only required to demonstrate exemption by a...
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