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Top labor and employment developments for January 2020

February 6th, 2020  |  Joy Waltemath

By Joy P. Waltemath, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily for January 2020, the first month of a new decade, here’s a recap of some key developments in the L&E community.

Highlights from January 2020 include:

Significant agency actions

  • The DOL’s long-awaited joint-employer final rule
  • Major settlements from the EEOC ($20.5M) and the NLRB ($76M)
  • McDonald’s cases supposed settlement still not settled

Federal circuit court decisions

  • NLRB lacks jurisdiction over adjunct faculty at religiously affiliated university
  • Rehearing requested on whether Rule 68 offers of judgment in FLSA wage cases get DOL or judicial approval
  • Evidence of tech company’s FLSA audit admissible in misclassification suit
  • Seventh Circuit adopts new framework to decide whether employees who signed arbitration agreements may get notice of collective action
  • Ninth Circuit: Walmart’s California truck drivers survive challenge to multi-million-dollar verdict in wage suit

Federal legislation

  • National Defense Authorization Act includes federal ‘ban-the-box’ provisions
  • Bipartisan bill would expand FLSA nursing mother protections to salaried workers

State law issues

  • Trucking association gets preliminary injunction barring enforcement of California AB 5
  • California’s A.B. 51—effectively banning mandatory arbitration in employment—is preliminarily enjoined
  • Minneapolis $15 minimum-wage ordinance upheld by Minnesota Supreme Court
  • Federal law doesn’t preempt NJ medical marijuana law, so employer must reimburse injured construction worker’s prescription

See our latest monthly recap here.


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.


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.


Top labor and employment developments for October 2019

November 12th, 2019  |  Pamela Wolf

By Pamela Wolf, J.D.

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

Highlights from the October 2019 recap include:

  • Supreme Court hears oral arguments on Title VII protections for LGBTQ employees
  • Rideshare companies fight back with ballot initiative to carve out exceptions to California’s controversial new law treating gig workers as employees
  • DOL proposed rule would permit tip-pooling to include non-tipped workers and also tip credit for ‘contemporaneous’ non-tipped duties
  • Labor Board rules that confidentiality and media contact rules didn’t run afoul of Section 7 rights
  • Federal appeals court rulings on whether refusing to hire an obese applicant due to fear of future impairment supports a regarded-as claim, and whether McDonald’s was a joint employer of franchise employees.
  • A jury’s $20 million award on a gay policeman’s discrimination and retaliation claims


    Top labor and employment developments for September 2019

    October 7th, 2019  |  Joy Waltemath

    By Joy P. Waltemath, J.D.

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

    Highlights from the September 2019 recap include:

    • The DOL’s new Labor Secretary and final white-collar overtime rule
    • The NLRB’s precedent-overturning decisions on denying employer property access to nonemployees, revising the community-of-interest standard, and eliminating the “clear and unmistakable waiver” standard for unilateral changes
    • The Board’s proposed rule denying statutory employee status to graduate student assistants and others at private colleges and universities
    • The NLRB’s invitation for briefs on NLRA protections for profanity and offensive statements
    • EEOC’s EEO-1 pay data collections both now and in the future
    • Federal appellate decisions on FLSA’s application to marijuana workers and whether an employer’s fear of an employee’s potential future disability is actionable under the ADA
    • California’s foray into statutory treatment of gig workers as employees.