In a victory for local governments, the Supreme Court held that to prove that an exemption to the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements apply, an employer need only do so by a preponderance of the evidence rather than a more demanding clear and convincing evidence standard. Generally, the FLSA provides that employers must pay minimum wage and overtime pay at a rate of time and a half for work done above 40 hours per week.   There...

IMLA confirms Jeffrey Dana as IMLA President from September 29, 2024 to October 21, 2025. IMLA confirms Jeffrey Dana as IMLA President from September 29, 2024 – October 21, 2025. In a business meeting held on September 29, 2024, in Orlando, Florida, IMLA confirmed the nomination of Jeffrey Dana of Providence, Rhode Island to be President of IMLA. Jeff has been City Solicitor for the City of Providence, Rhode Island since March 2015. Prior to serving as the Solicitor, he was in private...

On September 26th and 27th during our 89th Annual Conference in Orlando, Florida, IMLA was able to announce and recognize our 2024 award winners. These award winners are IMLA members who have gone above and beyond the field of municipal law and were nominated by their colleagues to receive these awards.   The Charles S. Rhyne Lifetime Achievement In Municipal Law Award The Lifetime Achievement in Municipal Law Award is the highest award given by IMLA. The award honors the recipient’s lifetime achievements...

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984) in a case that will have far-reaching implications for the federal administrative state.  In doing so, the majority invoked Marbury v. Madison’s pronouncement that it is “emphatically the province and duty of the judicial department to say what the law is.”  As far as the rationale, the Court concluded that Chevron violated the Administrative Procedure Act (APA) and...

Today in Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not prohibit the enforcement of generally applicable laws regulating camping on public property.  The Court explained the “Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest … [the] rights and responsibilities from the American people” to decide “how best to handle a pressing social question like homelessness” and “in their place dictate this...

Today, in a short per curiam (unauthored) opinion the Supreme Court decided Gonzalez v. Trevino, offering guidance as to how a plaintiff may prove a retaliatory arrest claim even where probable cause existed for the arrest.  The decision follows the Court’s 2019 decision in Nieves v. Bartlett where the Court held that although a plaintiff must generally plead and prove the absence or probable cause to bring a First Amendment retaliation claim, that rule was subject to a “narrow qualification”...

Member Spotlight: Susan Dubin, Deputy County Attorney for Transactions of Baltimore County We would like to take a moment to shout out one of IMLA’s wonderful members, Susan Dubin. Susan was nominated by many of her colleagues for IMLA’s Women’s History Month Spotlight. Although it is no longer March, we would like to share this interview with Susan so that you can learn more about her career journey and the women in her life who inspire her.   Tell us a bit about your...

Yesterday, in National Rifle Association v. Vullo, the Supreme Court unanimously held that while the government is free to “‘say what it wishes’” and “select the views that it wants to express,” it may not “wield its power… in order to punish or suppress” speech.  In this case, the Court found the NRA (at the motion to dismiss stage) had plausibly alleged that a former superintendent of the New York Department of Financial Services (DFS), Vullo, had violated the First...

A Day in the Life Interview with Victoria J. Takayesu Hamilton, Corporation Counsel of Maui County, Hawaii. IMLA: Aloha, Tori! Why don’t you tell us about your life leading up to your position as Corporation Counsel? I was born in Queens, NYC, and moved to Manhattan when I was 10 years old. I read Clarence Darrow for the Defense in my teens, and that’s when I knew I wanted to be a lawyer. Reading was my escape from my chaotic family life....

Today, in a 6-3 opinion in Muldrow v. City of St. Louis, the Supreme Court created a new standard under Title VII for employee transfers, rejecting any heightened harm requirement – such as materiality or significant disadvantage - that lower courts have applied.  However, the Court did not go so far as to adopt the Petitioner’s proposed rule in the case which would have found any transfer, regardless of harm would be actionable under Title VII if based on a...