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SEIU lawsuit challenges NLRB’s joint-employer rule under APA

September 22nd, 2021

By Pamela Wolf, J.D.
The Service Employees International Union (SEIU) has filed a lawsuit against the National Labor Relations Board challenging the Board’s final rule, “Joint Employer Status Under the National Labor Relations Act.” According to the SEIU, the final rule “puts meaningful collective bargaining out of reach for millions of workers by shielding companies that control their [Read more...]

Denny’s server succeeds in reviving dual-jobs wage claims

September 20th, 2021

By Brandi O. Brown, J.D.
In an appeal by a Denny’s food server whose FLSA lawsuit was dismissed on summary judgment, the Eleventh Circuit reversed, in part, the lower court’s decision, concluding that material issues of fact remained concerning the server’s dual-jobs claims. She attested that she performed myriad duties not related to her server job, [Read more...]

Arizona attorney general files suit seeking to block President Biden’s vaccination mandate, focusing on alleged ‘differential treatment’

September 17th, 2021

By WK Editorial Staff
Arizona Attorney General Mark Brnovich announced on Tuesday, September 14, that his office has filed suit against President Biden and other administration officials over their COVID-19 vaccine mandate for federal employees, federal contractors, and private businesses with more than 100 employees. In a press release, Brnovich contended the lawsuit was the first in the [Read more...]

Transgender professor denied tenure gains reinstatement with tenure on appeal

September 16th, 2021

By Brandi O. Brown, J.D.
A transgender female professor, who was denied tenure and who prevailed on her claim of sex discrimination stemming from that decision after a jury trial, was, on appeal, able to obtain additional relief in the form of reinstatement with tenure, as well as recalculation of the district court’s front pay award. [Read more...]

President Biden mandates federal workforce vaccination, announces new emergency rule for employers

September 14th, 2021

By Pamela Wolf, J.D.
On September 9, President Joe Biden addressed the continuing spread of COVID-19—fueled by the Delta variant—and his plan to further protect Americans against infection and the economy from further damage resulting from the pandemic. That six-point plan includes a Department of Labor emergency rule for larger employers and executive orders requiring mandatory vaccination [Read more...]