Sep 1, 2017
Following the nationwide injunction in November of 2016 halting implementation of the Department of Labor’s new Fair Labor Standards Act (FLSA) overtime rule, a large amount of uncertainty has existed regarding the future of the final rule. Recently, the same Texas court that halted the overtime rule in November issued a decision essentially striking down the rule for good. The final rule would have set a new salary threshold by more than doubling the minimum salary basis for the most
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Jun 28, 2017
On May 22, 2017, the U.S. Department of Homeland Security (“DHS”) extended Temporary Protected Status (“TPS”) for citizens and nationals of Haiti for 6 months, rather than the standard 18 months. As a reminder, the TPS program allows citizens and nationals of certain designated countries to remain in the United States and obtain work authorization. With this most-recent extension, Haitians with TPS will be permitted to remain in the United States and continue working until January 22, 2018.
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Jun 27, 2017
On June 26, 2017, the U.S. Supreme Court partially reinstated President Trump’s 90-day travel ban for citizens and nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen. Specifically, the Supreme Court reinstated the travel ban for foreign nationals of the designated countries who “lack any bona fide relationship with a person or entity in the United States.” The Government is, however, still enjoined from enforcing its travel ban against foreign nationals who have “a credible claim of a
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Jun 26, 2017
The United States Supreme Court ruled today in Trinity Lutheran Church of Columbia v. Comer, argued in April by Tueth Keeney attorney James Layton. The case arose from the Missouri Department of Natural Resources applying Missouri’s long-standing constitutional provision barring money from the public treasury from being given to a church. Similar language is found in constitutions in most other states. Here, the constitutional language was applied to exclude the preschool ministry of Trinity Lutheran
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Jun 16, 2017
Yesterday, it became public that the Office for Civil Rights of the U.S. Department of Education has issued new internal guidance regarding investigations conducted by that office. As the memorandum notes, the guidance is effective “immediately” and “applies to all complaints currently in evaluation or investigation, as well as newly-filed complaints.” There are two main policy directives of note: “¢ Increased discretion and control over investigations by Regional Offices ““ the guidance removes
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Jun 15, 2017
The U.S. State Department recently issued guidance to its diplomatic and consular posts abroad relating to implementation of Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States.” This guidance directs U.S. embassies and consulates to begin implementing heightened screening for certain visa applicants. Each post is directed to develop a list of criteria to identify sets of applicant populations that warrant increased scrutiny. Because the Department’s directives call for individualized review
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Jun 13, 2017
Nearly six years ago, the Board of Regents for what was then called Linn State Technical College required drug testing for all students. This month, the court challenge to that policy, which began in September 2011, came to a quiet end as the U.S. Supreme Court refused to consider the case. The State Technical College policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical college by detecting, preventing
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May 24, 2017
UPDATE: MISSOURI LEGISLATURE PASSES MINIMUM WAGE BILL, OVERRIDING ST. LOUIS CITY ORDINANCE (BUT ORDINANCE REMAINS IN PLACE, AT LEAST THROUGH AUGUST) At the end of the most recent legislative session, the Missouri General Assembly passed a minimum wage bill (HB 1194 & 1193), prohibiting “political subdivision[s]” (including municipalities) from establishing a minimum wage that exceeds state law. This bill effectively overrides the City of St. Louis ordinance establishing a minimum wage of $10/hour. Prior discussion about
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May 5, 2017
Background: City’s New Minimum Wage Law Withstood Legal Challenge and Avoided Action from Missouri General Assembly to Become Law The City of St. Louis”™ new, higher minimum wage of $10 per hour takes effect today, May 5, 2017. Back in 2015 when the City took up the minimum wage legislation, few would have predicted that the City’s efforts to raise its minimum wage would become law. Almost immediately after its passage in 2015, the City’s minimum wage law was
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Apr 10, 2017
On April 4, 2017, the Seventh Circuit issued a landmark decision, holding that sexual orientation discrimination qualifies as sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The 8-3 ruling is the first by an U.S. Court of Appeals to hold that sexual orientation is prohibited under federal employment discrimination law. As noted, in a previous Tueth Keeney Insight regarding this case, Hively v. Ivy Tech Community College, a panel of
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Melanie Gurley Keeney
James R. Layton
Kate L. Nash
Mollie G. Mohan