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Top labor and employment developments for November 2019

February 6th, 2020  |  Joy Waltemath

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

Highlights from the November 2019 recap include:

More regulations on tap for year-end

  • Expect final joint-employer rules from the DOL and the NLRB, while the EEOC intends to submit its own joint-employer proposal
  • DOL’s proposed fluctuating workweek method would clarify that bonus and premium payments are compatible—and must be included in the regular rate calculation

DACA, discrimination pleading standards argued at SCOTUS

  • Will DACA ruling fall along the Court’s conservative/liberal split?
  • Justices consider whether but-for causation is pleading standard for Section 1981

EEO-1 pay data collection seems unlikely to continue

  • Public hearing on EEO-1 pay data collection reveals sharp divides, and the OFCCP says it doesn’t want any EEO-1 pay data

Post-Janus shakedown continues in federal courts

  • 7th Circuit agrees that employee who paid fair share fees under protest was not entitled to refund of money and also finds that another employee who argued he was seeking the equitable remedy of restitution for fair-share fee deductions simply sought damages
  • 2d Circuit finds agency fee payors didn’t choose to associate with the union, so their mere representation during collective bargaining was not protected association
  • N.D. Illinois rejects union’s post-Janus bid to shed free riders

Also in the federal courts of appeal

  • D.C. Circuit rules advocacy group has standing to challenge H-4 visa rule
  • 6th Circuit revives First Amendment retaliation claim of Christian firefighter who objected to coworkers’ sexual behavior
  • 10th Circuit says no, medical expert not always required to prove ADA disability

And more. In addition, during November GM goes after Fiat Chrysler in a racketeering suit over its role in union corruption, and the UAW itself takes action against union officials named in criminal complaints. Plus, the California Trucking Association gears up in its claims that AB-5 is preempted by federal law, New Jersey’s draft independent contractor bill already nets significant pushback, New York City announces it first settlement of a hair discrimination violation, and whether post-shift security screenings are non-compensable under Pennsylvania law gets certified to the state’s supreme court.