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Supreme Court Review: FLSA, Title VII, First Amendment, Religious Freedom

By John P. Furfaro and Risa M. Salins

This review of U.S. Supreme Court decisions from the 2015-16 term in the area of labor and employment law looks at rulings pertaining to whether automobile service advisers are exempt from overtime pay under the Fair Labor Standards Act (FLSA); whether a ruling on the merits is a necessary predicate to finding a defendant is a prevailing party eligible for an attorney fees award under Title VII of the Civil Rights Act of 1964 (Title VII); when the statute of limitations period begins running in constructive discharge cases under Title VII; whether a public sector employee may bring a First Amendment claim where his employer takes an adverse employment action based on a mistaken belief the employee engaged in constitutionally protected political activity; and whether requiring religious non-profits to affirmatively opt out of providing employees with contraceptive coverage under the Affordable Care Act (ACA) violates the Religious Freedom Restoration Act (RFRA).

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