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Employer can’t refuse to pay for breaks lasting longer than 90 seconds

October 17th, 2017

By Joy P. Waltemath, J.D.
Affirming summary judgment to the Secretary of Labor, the Third Circuit held that an employer’s flexible time policy, which allowed employees to log off their computers during their 8:30 to 5:00 workday at any time, for any reason, for any length of time—but would only pay them for their logged-off time [Read more...]

California governor signs bills barring salary history inquiries, expanding parental leave protections

October 17th, 2017

By Pamela Wolf, J.D.
California Governor Edmund G. Brown Jr. signed a pair of bills on October 12, 2017, that are intended to improve employment conditions for women: one bill takes aim at the gender wage gap; the other expands parental leave protections.
Salary history restriction. A.B. 168, introduced by Assemblymember Susan Eggman (D-Stockton), prohibits all employers, [Read more...]

Hospital might have defamed research fellow by telling employer she was terminated for cause

October 17th, 2017

By Robert Margolis, J.D.
A hospital’s communication to a former research fellow’s employer that the hospital terminated her fellowship for cause may have been false and may not be privileged, ruled the District of Columbia Circuit, reversing summary judgment against the student’s defamation claim against MedStar Georgetown University Hospital. The appellate court did affirm summary judgment [Read more...]

Advancing ‘draw’ against future commissions ok, but post-termination payback policy may violate FLSA

October 16th, 2017

By Lorene D. Park, J.D.
Reversing in part the dismissal of retail sales employees’ claims that their employer’s draw-on-commission policy violated the FLSA’s minimum wage and overtime provisions, the Sixth Circuit explained that it was lawful to advance a “draw” against future commissions to make sure an employee is paid the minimum wage each week, but [Read more...]

No class certification for caregivers seeking refund of ‘fair share’ fees

October 16th, 2017

By Ronald Miller, J.D.
The decision of a federal district court to deny certification of a class action of personal home health care assistants who sought the refund of “fair share” fees paid to a union to support its representation of a collective bargaining unit was a sound one, ruled the Seventh Circuit. The appeals court [Read more...]