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California had rational basis for including ready-mix contract drivers (and not other drivers) in prevailing wage law

September 24th, 2018

By Lisa Milam, J.D.
Finding meaningful differences between ready-mix concrete delivery drivers and other materials drivers sufficient to survive rational basis scrutiny—distinctions that a federal district court in California had “wrongly disregarded as irrelevant”—the Ninth Circuit held the lower court improperly struck down on equal protection grounds a California Labor Code amendment which extended the state’s [Read more...]

What federal contractors need to know about the OFCCP’s latest directives

September 24th, 2018

By Pamela Wolf, J.D.
On September 19, the OFCCP released two new policy Directives that the federal contract compliance agency said would shine a brighter light on its compliance activities and establish a program designed to listen to concerns that contractors may be reluctant to share.
To understand the implications of these new Directives, Employment Law Daily [Read more...]

Public employee’s union membership gets constitutional protection in 1st Amendment retaliation claim

September 24th, 2018

By Ronald Miller, J.D.
The association claim of a retired police officer who brought a Section 1983 First Amendment retaliation claim alleging that an employer’s business administrator unlawfully prevented him from becoming the chief of police because he opposed the employee’s union membership was revived on appeal by the Third Circuit. Finding that the employee brought [Read more...]

Amazon’s security screenings may be compensable ‘work’ under Nevada, Arizona law

September 21st, 2018

By Lorene D. Park, J.D.
The Supreme Court’s ruling in Integrity Staffing did not foreclose claims under Nevada and Arizona law that plaintiffs working at Amazon warehouses were unlawfully denied compensation for time spent in post-shift security screenings, ruled the Sixth Circuit, finding that neither state’s statute incorporated the federal Portal-to-Portal Act, which exempts certain “postliminary [Read more...]

Retroactive back pay EEOC sought was mandatory legal remedy under ADEA

September 21st, 2018

By Joy P. Waltemath, J.D.
Vacating and remanding a district court’s denial of retroactive back pay to the EEOC under the ADEA, the Fourth Circuit found that Congress consciously chose to incorporate the powers, remedies, and procedures of the FLSA into the ADEA. Here, in a case in which the contribution rates for a county’s age-based [Read more...]