Tag: Scotus

• Employment Law & Litigation

  SCOTUS Hears Argument on Compensable Time under FLSA

  • October 30, 2014
  • By Allen & Gooch
  

  Is time spent in security screenings compensable time? On October 8, 2014, the United States Supreme Court heard arguments in Integrity Staffing Solutions, Inc. v. Busk, a case that considers the issue of whether time spent by an employee in security screenings is compensable under the Fair Labor Standards Act, as amended by the Portal […]

• Maritime Casualty

  Fifth Circuit: Jones Act Seamen Need Not “Go to Sea”

  • March 21, 2014
  • By Allen & Gooch

  Requirements to Qualify as Jones Act Seamen As we previously discussed, Jones Act seamen must “contribute to the function of a vessel or to the accomplishment of its mission,” and they must also have a substantial connection to a vessel or fleet of vessels in navigation.  See Naquin v. Elevating Boats, L.L.C., No. 12-31258 (5th […]

• Employment Law & Litigation

  SCOTUS: Sandifer v. United States Steel Addresses 40 Hour Work Week

  • January 27, 2014
  • By Allen & Gooch
  

  UPDATE: SCOTUS RULES NO COMPENSATION OWED FOR TIME SPENT CHANGING INTO PROTECTIVE GEAR.  CLICK HERE TO READ FOLLOW-UP ON THE COURT’S DECISION. Changing Clothes Under the Fair Labor Standards Act On November 4, 2013, the US Supreme Court heard  oral arguments on what constitutes “changing clothes” within the meaning of Section 203(o) of the Fair […]

• Business Litigation

  Will Disparate Impact Claims Apply to the Federal Fair Housing Act?

  • December 20, 2013
  • By Allen & Gooch

  Disparate Impact Claims of Discrimination and the Fair Housing Act The United States Supreme Court was scheduled to hear arguments in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc. to address whether disparate-impact claims of discrimination may be brought under the federal Fair Housing Act of 1968. Ultimately, the case settled and the issue […]

• Maritime Casualty

  The US Supreme Court Bases LHWCA Compensation on Year of Injury

  • April 20, 2012
  • By John Hughes

  Newly Awarded LHWCA Compensation Based on Year of Injury In Roberts v. Sea-Land Services, Inc., 132 S. Ct. 1350 (2012), the US Supreme Court ruled that under the Longshore Harbor and Workers Compensation Act (LHWCA), a claimant is “newly awarded compensation” when he first becomes disabled and is therefore statutorily entitled to compensation.  Thus, the […]

• Maritime Casualty

  US Supreme Court Uses “Substantial Nexus” Test to Determine Coverage

  • February 11, 2012
  • By John Hughes
  

  Circuit Split Resoved in Favor of “Substantial Nexus” In January 2012, the U.S. Supreme Court resolved a circuit split concerning the applicable standard for coverage under the Longshore and Harbor Workers Compensation Act (LHWCA) through the Outer Continental Shelf Lands Act (OCSLA) in Pacific Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680 (2012). OCSLA […]