Cases with direct impact on employment law raise issues of overtime pay and jurisdiction for employee lawsuits. Other cases involving religious freedoms and affirmative action could have a trickle-down effect on workplace practices.
Here are some of the key cases the Supreme Court is slated to hear this fall:
Overtime exemptions: In Helix Energy Solutions Group v. Hewitt, the Court will consider whether a supervisor making more than $200,000 a year is entitled to overtime pay under the federal Fair Labor Standards Act.
Helix argued that former employee Michael Hewitt was exempt from overtime pay because he met the threshold for a “highly compensated” worker. The U.S. 5th Circuit Court of Appeals determined that metric didn’t apply because he was compensated using a day rate, not a salary.
The decision could impact employers who pay daily rates, particularly those in the oil and gas industry, and force them to restructure employee compensation plans.
Jurisdiction issues: In Mallory v. Norfolk Southern Railway, the Court will consider whether employees can “shop” for a favorable state venue when suing their employer.
Mallory, a former railroad worker from Virginia, sued Norfolk Southern in a Pennsylvania court, claiming on-the-job exposure to asbestos and other toxic chemicals caused him to develop cancer. Mallory chose to sue in Pennsylvania even though his alleged exposure lacked any connection to the state.
Mallory’s argument is that under Pennsylvania law, a foreign...
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