The U.S. Supreme Court and Transgender Students

In yet another development in the saga of transgender law in America's public schools, the United States Supreme Court put a halt to a trial court order that would have allowed a transgender male student to use the boy's restroom in a high school in Gloucester County, Virginia at the start of the upcoming school year. The Supreme Court blocked the trial court's order in a 5-3 decision, which will preserve the status quo at the high school until the Gloucester County School Board seeks the Supreme Court's review of the lower court's order later in August. While the high court's decision is a significant step in the transgender student's case, it does not have legal effect on any other cases. [More]

Ohio Court Weighs in on Transgender Student Access to Restrooms and Name Issues

As the national debate regarding transgender students' rights and school districts' obligations rapidly evolves, the United States District Court for the Southern District of Ohio adds to the conflicting precedent. On September 26, 2016, Judge Marbley ordered the Highland Local School District ("District") to treat 11 year-old "Jane Doe," a biological male, "as the girl she is." The Judge's order requires the District to allow the student to use the girls' restroom in the elementary school and refer to her by female pronouns and her female name. The crux of the issues involves transgender identity protections under the Equal Protection Clause and Title IX of the Education Amendments of 1972. In making his ruling, Judge Marbley rejected the privacy argument made by the District that the privacy rights of other students weighed against allowing Jane Doe to use the girls' restroom. [More]

Overtime Rule for White Collar Exemptions Is Finally Here

The U.S. Department of Labor Wage and Hour Division (DOL) published the highly anticipated final rule revising the overtime regulations today. The rule revises the regulations defining which white collar workers are eligible to receive overtime pay for hours worked over 40 in a workweek under the Fair Labor Standards Act (FLSA). The final rule, which increases the annual salary threshold for white collar workers from $23,660 to $47,476 or from $455 to $913 per week, is more than double the current minimum salary for the overtime exemption but is less than the anticipated increase, which was proposed to be $50,440 per year or $970 per week. As expected, the rule includes, for the first time, an automatic-escalator for the salary threshold to keep pace with inflation. [More]