• SCOTUS Cert Recap: Spending Clause Statute Enforcement, Overtime Pay Exemptions, And The Bankruptcy Fraud Exception

    On May 2, the Supreme Court agreed to consider the following three questions:

    Can legislation passed under the Spending Clause confer rights that are privately enforceable via Section 1983?

    Does 29 C.F.R. § 541.601 — a regulation defining “highly compensated employees” —operate as a stand-alone basis for exempting daily-rate employees from federal law’s overtime pay requirements, or does the exemption apply only when such an employee’s pay also complies with the separate rules in 29 C.F.R. § 541.604?

    Does the Bankruptcy Code bar discharge of a liability for fraud committed by a debtor’s agent or business partner even when the debtor has no knowledge of the fraud

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Asian Pacific American Chamber of Commerce (APACC)

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