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Without notice and comment, NLRB issues final rule on representation-case procedures

December 13th, 2019

By Pamela Wolf, J.D.
The final rule upends many aspects of the 2014 Obama-era election rule.
Without notice and comment, the National Labor Relations Board on December 13 released a final rule on representation-case procedures that upends the Obama-era rule promulgated through the public notice and scrutiny process, citing “the Board’s clear regulatory authority to change its own [Read more...]

Objectors get exotic dancers’ FLSA settlement thrown out

December 13th, 2019

By Wayne D. Garris Jr., J.D.
Three dancers who filed individual FLSA claims against San Francisco area clubs objected to the proposed settlement of putative class claims brought by two plaintiffs in a separate FLSA action.
The Ninth Circuit reversed a district court’s approval of a settlement agreement, executed prior to class certification, to resolve a misclassification [Read more...]

Glass cutter’s foot condition limited standing and walking for 8 1/2 months; not temporary or transitory

December 13th, 2019

By Kathleen Kapusta, J.D.
Even under the ADA’s regarded as prong, the condition, as alleged, was more than a temporary and transitory issue.
Not only would an employee’s foot condition, which required two surgeries and several months of medical leave, clearly meet the ADAAA’s expansive definition of physical impairment, he sufficiently alleged that his ability to stand [Read more...]

Attorney fee award to CRST in EEOC Title VII sexual harassment case stands despite lack of ‘mathematical precision’

December 12th, 2019

By Kathleen Kapusta, J.D.
Although the district court’s fee award was “not based on mathematical precision and nicety,” it did not abuse its discretion in its award of attorneys’ fees to the trucking company in this long-running dispute.
Addressing for the second time, and after a remand from the U.S. Supreme Court, the EEOC’s appeal of an [Read more...]

NDAA with 12 weeks of paid parental leave for federal employees gets Trump’s green light

December 12th, 2019

By Pamela Wolf, J.D.
Notably, the AFGE also supports the 12-week benefit, which is the same as what service members already get in a separate benefit.
On December 10, the White House announced its support of the 2019 National Defense Authorization Act (NDAA), which it characterized as advancing many of President Trump’s priorities, including its provision of [Read more...]