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States challenge ‘last ditch effort’ removing 20-percent cap on non-working time under tip rules

January 22nd, 2021

By Pamela Wolf, J.D.
The DOL’s final rule eliminates the 30-year-old 80/20 rule.
On January 19, 2021, the attorneys general of Delaware, District of Columbia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, and Pennsylvania filed a lawsuit challenging the Trump Administration’s “last ditch effort” to allow employers to withhold tips from their employees, [Read more...]


Trafficking Victims Protection Act applies to work program in ICE facility

January 22nd, 2021

By Wayne D. Garris Jr., J.D.
In an interlocutory appeal, the court examined an ICE contractor’s argument that the TVPA does not apply to work programs at a federal detention center.
Affirming a district court’s refusal to dismiss a former detainee’s Trafficking Victims Protection Act claim against an ICE contractor, the Fifth [Read more...]


Law firm shareholder not an ‘employee’ under Title VII

January 22nd, 2021

By Robert Margolis, J.D.
Holding otherwise would effectively “refashion” a prevailing structure of the legal practice, according to appellate court.
An equity shareholder in a law firm was not an “employee” who can bring a claim under Title VII, ruled the Fourth Circuit in affirming a district court’s grant of summary judgment dismissing the [Read more...]


Employer handbook provision shortening limitations period for age and disability claims rejected

January 22nd, 2021

By Tulay Turan, J.D.
The limitations periods in the ADA and ADEA give rise to substantive non-waivable rights because, like Title VII, they include self-contained limitations periods.
The age, race and disability discrimination claims of a 52-year-old female, African-American production worker, who was laid off during a RIF, were not untimely [Read more...]


Employers may count both ‘on and off weeks’ against a rotational schedule employee’s FMLA leave entitlement

January 20th, 2021

By Kathleen Kapusta, J.D.
The court found that the term “workweek” in FMLA Section 2612(a)(1) has the same meaning it carries under the FLSA: It is a fixed, pre-established period of seven consecutive days in which the employer is operating.
Addressing for purposes of the FMLA what the term “workweek” means as applied [Read more...]