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Vietnam vet who worked for food stamps was ‘employee’ under FLSA

November 25th, 2015

By Brandi O. Brown, J.D.
A Vietnam War veteran who, for seven years, performed various jobs and menial labor in return for cash public assistance and food stamps was an “employee” protected by the FLSA, New York’s highest court ruled, and thus was entitled to minimum wages. The veteran, who won $10,000 in the lottery, brought [Read more...]

NLRB invalidates another class action waiver with opt-out provision

November 25th, 2015

By Lisa Milam-Perez, J.D.
An employer violated the NLRA by enforcing a policy that requires employees, as a condition of employment, to give up the right to pursue class or collective actions—in any forum—of any employment-related claims, a divided three-member panel of the NLRB held. Applying the Board’s now-familiar reasoning in D.R. Horton and its follow-up, [Read more...]

Jackson Lewis Class Action Trends Report explores precertification defense strategies

November 25th, 2015

There are numerous factors to consider in mapping out the defense strategy when faced with class litigation. In the latest issue of the Jackson Lewis Class Action Trends Report, the firm presents practical guidance on the key considerations that come into play, such as assessing potential liability and deciding whether to remove a case to [Read more...]

DOL may issue final OT rule by July 2016, persuader rule by March; EEOC wellness rules by February?

November 23rd, 2015

The Fall 2015 Unified Agenda and Regulatory Plan was released by the Office of Management and Budget November 19, 2015, suggesting the DOL’s white collar overtime rules could be out by July 2016 and the final persuader rule as early as March 2016. The EEOC’s final wellness rule is slated for February 2016, and OFCCP’s [Read more...]

Obama administration seeks High Court review of appellate rebuke to executive action on immigration

November 23rd, 2015

The Obama administration on Friday, November 20, asked the Supreme Court to lift an injunction, recently upheld by the Fifth Circuit, which bars the President and federal agencies from taking any action to implement his proposed immigration reform measures. The key political quandary at hand is the parameters of executive authority to craft and effectuate [Read more...]