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Top labor and employment developments for December 2019

February 6th, 2020  |  Joy Waltemath

By Ronald Miller, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily for December, here’s a recap of some key developments in the L&E community.

Highlights from the December 2019 recap include:

Supreme Court news

  • Justices will take up ministerial exception

Year-end regulatory developments

  • DOL issues final rule defining what payments employers include and exclude in determining overtime rates
  • NLRB issues final rule on representation-case procedures

Federal circuit court decisions

  • NLRB must revisit finding that “whore board” comment was protected
  • Class certification reversed in American Airlines overtime suit
  • Plaintiffs don’t have to establish a prima facie Equal Pay Act case to assert pay discrimination under Title VII
  • Judicial approval not required of Rule 68(a) offers of judgment settling FLSA claims

Agency actions

  • EEOC does an about-face on mandatory arbitration
  • NLRB continues reversals of Obama-era precedent

See our latest monthly recap: Top labor and employment developments for December 2019.