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Top labor and employment developments for March 2020

May 2nd, 2020  |  Kathy Kapusta

By Kathleen Kapusta, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily for March 2020, a month in which life, including employment law, was upended, here’s a recap of some key developments in the L&E community.

Highlights from March 2020 include:

COVID-19 dominates

  • President Trump, on March 18, signs into law the Families First Coronavirus Response Act.
  • Nine days later, the President signs a second COVID-19 emergency package, the $2 trillion bipartisan Coronavirus Aid, Relief, and Economic Security (CARES) Act.
  • The Department of Labor adds new guidance documents to its COVID-19 resources.
  • WHD releases FFCRA required notices.

Supreme Court action

  • Justices agree to hear ACA individual mandate case
  • Section 1981 demands a but-for causation pleading standard

Federal courts of appeal decisions

  • Third Circuit overturns ruling that UberBLACK limousine drivers were not employees.
  • DC Cir.: Federal court can’t dismiss putative class members before class action is certified

Other decisions of interest

  • C.D. Cal.: Freelance writers’ constitutional claims based on AB 5 fall flat
  • N.Y. Sup. Ct.: Postmates courier is “employee” for purposes of unemployment compensation
  • Uber, Lyft face coronavirus paid sick time suits


Top labor and employment developments for February 2020

May 2nd, 2020  |  Joy Waltemath

By Wayne D. Garris Jr., J.D.

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

Highlights from the February 2020 recap include:

Supreme Court news

  • Justices decline to review religious accommodation case, but indicate desire to review de minimis burden standard

Year-end regulatory developments

  • NLRB issues joint-employer rule

Federal circuit court decisions

  • Prior salary not a valid “factor other than sex” under the EPA
  • Title VII does not apply to uniformed members of the armed forces
  • Third Circuit declines to enjoin enforcement of Philadelphia’s salary history ordinance

Federal Legislation

  • House passes the PRO Act

California legislation challenged

See our latest monthly recap: “Top labor and employment developments for February 2020.”


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.