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Beauty school students aren’t FLSA ‘employees’ under primary beneficiary test

December 21st, 2017

By Lisa Milam-Perez, J.D.
Addressing for the first time the employment status of interns and vocational students under the FLSA, the Ninth Circuit has adopted the Second Circuit’s “primary beneficiary” analysis and eschewed the DOL’s standard for determining whether student trainees are in fact covered employees, concluding that “the primary beneficiary test best captures the Supreme [Read more...]

NLRB overturns Specialty Healthcare and its ‘micro-units,’ eliminates ‘overwhelming community of interest’ standard

December 20th, 2017

By Ronald Miller, J.D.
Granting an employer’s request to review a regional director’s direction of election, which found that a petitioned-for unit of approximately 100 full-time and regular part-time welders was an appropriate bargaining unit, the NLRB redefined the applicable standard for determining whether a proposed bargaining unit constitutes an appropriate unit when the employer contends [Read more...]

Deference due to Labor Secretary’s determination that workplace was subject to OSHA, not MSHA, regulation

December 20th, 2017

By Brandi O. Brown, J.D.
Reviewing an OSHA Commission order vacating citations issued against an employer for violations that included electrical hazards, lack of protective equipment, and overexposure to breathable cement, the Second Circuit ruled that the Secretary’s determination that OSHA, rather than the Mine Safety and Health Act, governed the work being done should have [Read more...]

Tax bill scraps employer deductions for sexual harassment settlements with NDAs attached

December 20th, 2017

By Lisa Milam-Perez, J.D.
With passage of the Republican tax reform legislation hurling toward final approval, employers will no longer be able to take a deduction for payouts to quell employee allegations of sexual harassment or sexual abuse. An amendment introduced by New Jersey Senator Robert Menendez, a Democrat, would eliminate a currently allowable deduction for [Read more...]

In consolidated FLSA suit against Jimmy John’s, court could not enjoin plaintiffs’ other suits against franchisees

December 19th, 2017

By Lorene D. Park, J.D.
A federal district court in Illinois, which is overseeing a consolidated collective and class action against Jimmy John’s under the FLSA and state law, lacked authority to enjoin the plaintiffs from pursuing, in other federal district courts, their claims against their franchisee employers, who were not parties here and over whom [Read more...]