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Work-authorized DACA recipient denied job successfully pleads bias against subclass of legal aliens

April 5th, 2018

By Joy P. Waltemath, J.D.
Work-authorized in late 2012 under the U.S. government’s Deferred Action for Childhood Arrivals (DACA) initiative and rejected for hire per Procter & Gamble (P&G) policy that applicants in the U.S. should be “legally authorized to work with no restraints on the type, duration, or location of employment,” a Venezuelan national successfully [Read more...]

Auto dealership service advisors are overtime-exempt; FLSA exemptions need not be ‘narrowly construed’

April 4th, 2018

By Lisa Milam-Perez, J.D.
An auto dealership’s service advisors, “who consult with customers about their servicing needs and sell them servicing solutions,” are exempt from overtime under the FLSA, the U.S. Supreme Court held, taking on this Ninth Circuit case for a second time in a decision authored by Justice Thomas. The exemption in question, set [Read more...]

Walmart may be liable for discrimination against pregnant workers

April 4th, 2018

By Lorene D. Park, J.D.
Refusing to dismiss a putative class action alleging that Walmart’s then-policies discriminated against pregnant workers and had a disparate impact based on sex, a federal district court in Illinois found the Title VII claims sufficiently supported by one employee’s allegation that she was forced on leave while pregnant and then paid [Read more...]

Gender bias class action against Goldman Sachs gets green light

April 4th, 2018

By Joy P. Waltemath, J.D.
In this eight-year-old gender bias class action against Goldman Sachs, a federal district court agreed with plaintiffs’ objections to a magistrate’s report and recommendation, which had denied class action status, and certified a Rule 23(b)(3) class action on the women’s disparate impact and disparate treatment claims. The district court found, however, [Read more...]

New owner of newspaper was successor employer, must bargain with historical unit

April 3rd, 2018

By Nicole D. Prysby, J.D.
The new owner of a Puerto-Rican newspaper was a successor employer under the NLRA, held the District of Columbia Circuit, denying the employer’s petition for review of a Board decision. Although the employer had made changes to the business, the changes were too insubstantial to defeat continuity. And although the employer [Read more...]