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USCCR pushes for protections against discrimination based on sexual orientation, gender identity

December 13th, 2018

In a statement released on December 7, the U.S. Commission on Civil Rights (USCCR) is urging Congress to pass legislation “that adds explicit protections against workplace discrimination on the basis of sexual orientation and gender identity,” citing to the agency’s own November 2017 briefing report, previously sent to President Trump, Vice President Pence, and the [Read more...]

Son had standing to bring retaliation claim based on father’s discrimination complaints against previous employer, but couldn’t show prospective employer knew of complaint

December 13th, 2018

By Nicole D. Prysby, J.D. Although a son had standing to bring a retaliation claim based on his father’s protected activity, the claims of both father and son failed for lack of evidence that the employer knew of the protected activity when it declined to hire either father or son, held a federal district [Read more...]

NLRB: Special remedies essential to ensure that employees may freely exercise Section 7 rights

December 12th, 2018

By Ronald Miller, J.D.
On remand from the Second Circuit, a three-member panel of the Board agreed with the General Counsel that special remedies were essential to ensuring that an employer’s employees could freely exercise their Section 7 rights to address the lingering effects of the employer’s unfair labor practices. Despite a litany of unfair labor [Read more...]

Employee advances OT claims even though facial recognition system reflected 40 hours weekly

December 12th, 2018

By Marjorie Johnson, J.D.
Although an adult medical daycare center’s facial recognition system reflected that an employee did not work more than his standard 40-hour week and he admittedly never asked to work overtime, triable issues existed as to whether he actually worked the overtime hours he claimed and whether the employer actually or constructively knew [Read more...]

Are drivers giving Uber an ‘Aha!’ moment?

December 12th, 2018

By Pamela Wolf, J.D.
In what could turn out to be one of those “Aha!” moments for Uber (and other employers), 12,501 drivers have filed a motion in federal district court in California to compel the ride-share giant to arbitrate their claims that it misclassified them as independent contractors. The drivers are intent upon making Uber [Read more...]