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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...]


Kellogg must arbitrate grievance over casual employees’ entitlement to ratification bonus

September 21st, 2018

By Kathleen Kapusta, J.D.
Kellogg Company must arbitrate a dispute over whether casual employees at its Battle Creek, Michigan, plant are entitled to a ratification bonus, ruled the Sixth Circuit, affirming the lower court’s order compelling arbitration. By including all-encompassing arbitration provisions in the applicable collective bargaining agreements, the presumption of arbitrability applied and the contractual [Read more...]


DOL’s interpretation of dual jobs reg gets deference; no tip credit for non-tipped work

September 20th, 2018

By Ronald Miller, J.D.
In a divided en banc decision, the Ninth Circuit ruled that the DOL foreclosed an employer’s ability to take a tip credit against the minimum wage for tipped employees who spent more than 20 percent of the workweek completing related but untipped tasks, and for time spent on unrelated tasks, by promulgating [Read more...]


FLSA’s anti-retaliation provision covers all ‘persons,’ not just those engaged in commerce

September 20th, 2018

By Lisa Milam, J.D.
A Utah real estate company that fired a father-son pair of construction workers after a Department of Labor investigator showed up, failed to upend a district court’s judgment in the DOL’s favor on its allegations the company obstructed its investigation into overtime violations, and retaliated against its workers. Affirming the lower court’s [Read more...]