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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...]


Employee fired two days after revealing shoulder pain has ADA ‘regarded-as’ claims revived

September 19th, 2018

By Kathleen Kapusta, J.D.
Noting that it has not spoken on the expanded scope of the “regarded-as” definition of disability in the 10 years since the ADAAA was enacted and that some district courts have mistakenly continued to apply the narrower pre-ADAAA definition, the Ninth Circuit found the court below erred in concluding as a matter [Read more...]


Race bias is not a tort, and nonpromoted counselor can’t show Title VII pretext either

September 19th, 2018

By Lisa Milam, J.D.
An African-American rehabilitation counselor could not revive her failed race discrimination claims against the Louisiana Workforce Commission agency based on the employer’s selection of a white candidate over her for promotion to a supervisory position, the Fifth Circuit held. She sued under a state tort law theory, which does not provide a [Read more...]


Washington high court asked when obesity is an ‘impairment’ under WLAD

September 19th, 2018

By Lorene D. Park, J.D.
Certifying to the Washington Supreme Court the question of whether and under what circumstances obesity is an “impairment” under the Washington Law Against Discrimination, the Ninth Circuit explained that the answer to this important question would determine the outcome of this appeal by a plaintiff whose job offer was withdrawn after [Read more...]