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“Yard jockeys” could be denied overtime even though they rarely made interstate deliveries

October 23rd, 2014

By Dan Selcke, J.D.
Under the Motor Carrier Act Exemption from the FLSA’s overtime requirements, a trucking company did not have to pay drivers employed as “yard jockeys” overtime for eight months following the last time they spent making interstate deliveries, ruled a federal district court in Virginia. First, under the MCE the drivers were exempt [Read more...]

Another federal court rejects Iskanian, says arbitration pact can waive PAGA claims

October 23rd, 2014

By Lisa Milam-Perez, J.D.
Unpersuaded by the California Supreme Court’s reasoning in Iskanian v. CLS Transportation Los Angeles, LLC, a federal district court in California has rejected the notion that an employee’s right to bring a representative Private Attorney General Act (PAGA) claim cannot be waived by virtue of an arbitration agreement. It’s the third federal [Read more...]

Court must consider Brazilian chef’s cultural knowledge as “specialized knowledge” for L-1B visa

October 23rd, 2014

By Brandi O. Brown, J.D.
An immigration appeals office incorrectly excluded culturally acquired knowledge, skills, and experience derived from a visa applicant’s upbringing in the Southern Brazil gaucho culture and churrasco tradition as irrelevant to the “specialized knowledge” needed for an L-1B visa, a divided D.C. Circuit ruled. Moreover, the appeals office’s finding that there was [Read more...]

Dollar General to pay $4M to end FCRA class action

October 22nd, 2014

By Pamela Wolf, J.D.
Dollar General has agreed to pay up $4.08 million in order to resolve allegations that it violated the FCRA when it conducted background checks on job applicants and made adverse employment decisions without properly complying with statutory requirements. A federal court in Virginia on Thursday, October 16 granted preliminary approval of a [Read more...]

No injury to employer from EEOC’s mass emails to employees at work domain

October 22nd, 2014

By Lorene D. Park, J.D.
Dismissing a suit against the EEOC in which an employer claimed the agency violated its Constitutional rights by sending a mass email to employees using the employer’s domain and linking to questions concerning a discrimination investigation, a federal district court in the District of Columbia found merely speculative the employer’s claim [Read more...]