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Posted 15 Jan 2025 in Case Notes, Commentary Written by: Amanda Karras

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...

Posted 09 Jul 2024 in Case Notes, Commentary Written by: Amanda Karras

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...

Posted 28 Jun 2024 in Case Notes, Commentary Written by: Amanda Karras

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...

Posted 20 Jun 2024 in Case Notes, Commentary Written by: Amanda Karras

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”...

Posted 31 May 2024 in Commentary Written by: Amanda Karras

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...

Posted 28 Feb 2024 in Commentary Written by: Deanna Shahnami

IMLA celebrates Black History Month! For every month of the year, IMLA continues to advocate and support racial equity programs and inclusive legislation that protect and support BIPOC and LGBTQIA+ communities across the United States and Canada.  Through our Diversity Group, IMLA has provided Zoom meetings and resources to better support our members to advance diversity initiatives and inclusive policies on a local level that remain under attack, especially through state preemption. This February is a month of celebration and recognition...

Posted 18 Jul 2023 in Commentary Written by: Best Friends Animal Society

The views and opinions expressed in the guest blog post are solely those of the individual authors and do not necessarily reflect the official policy or position of IMLA. We do not endorse or guarantee the accuracy of any information presented in these guest posts, and readers are reminded that this post is not intended to provide legal advice. Pets are an important part of American life, with more than two-thirds of U.S. households counting cats and/or dogs among their members....

Posted 25 Apr 2023 in Commentary Written by: Amanda Karras

During the IMLA Seminar on Friday, 4/21 Amy Howe, a prominent Supreme Court reporter predicted that the Supreme Court could grant two important First Amendment social media cases as early as Monday, 4/24, which is exactly what happened.  The cases are Lindke v. Freed and O’Connor-Ratcliff v. Garnier, and they involve almost identical issues: Whether an elected official violates the First Amendment by blocking someone from their social media account where that account purports to be personal in nature (though...

Posted 10 Apr 2023 in Commentary Written by: Deanna Shahnami

Last month was Women’s History Month.  In honor of that, IMLA would like to congratulate all of the nominees from our amazing membership. We would like to recognize those nominated and those not for their accomplishments and commitment to local government across the United States. Marianne Banks Attorney - Austin, Texas Marianne has been active in IMLA (formerly NIMLO) since 1987 and has spent over 36 years practicing primarily municipal law. She was in the first class of Fellows designated in 1999 and has...

Posted 07 Mar 2023 in Commentary Written by: Erich Eiselt

Background Item One: Times, Places, and Manners: We know that in all elections–presidential, Congressional, or local–the ease of access to the ballot box, the conditions on proving voter identity, the use of mail-in ballots, the timing when votes can be counted, and many other factors, can play a huge role in voter participation and ultimately in outcomes.  When it comes to federal elections, the Framers allocated to the “Legislature” of each state significant authority over those factors.  As Article 1...