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FLSA fee-shifting analysis includes rejection of Rule 68 offer in assessing plaintiff’s success

January 4th, 2019

By Lorene D. Park, J.D.
Joining sister circuits, the Fifth Circuit held that a plaintiff’s rejection of a Rule 68 offer that would have provided more than ultimately obtained at trial should be considered in assessing the plaintiff’s degree of success under a fee-shifting provision like the FLSA’s. That said, an employer’s challenge to an attorneys’ [Read more...]

Delaware’s medical marijuana law is not preempted; worker proceeds with private right of action

January 4th, 2019

By Brandi O. Brown, J.D.
An employee who sued his former employer, alleging that it violated Delaware’s Medical Marijuana Act (DMMA) by firing him for a positive drug test, will proceed with most of his claims after a ruling by a Delaware superior court. The court held that the federal Controlled Substances Act (CSA) did not [Read more...]

FMCSA says California truck driver meal and rest break rules preempted by federal law

January 4th, 2019

By Pamela Wolf, J.D.
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has granted petitions to preempt California’s meal and rest break rules, which differ from current federal hours-of-service regulations for commercial truck drivers. The petitions were submitted by the American Trucking Associations and the Specialized Carriers and Rigging Association, according to a notice [Read more...]

Minimum wage increases begin in 20 states on or before January 1

January 3rd, 2019

Twenty states have seen increases in the minimum wage in the new year—one, New York, actually began on December 31.
The minimum wage increases are scheduled as follows:
Alaska. The minimum wage in Alaska has increased from $9.84 per hour to $9.89 per hour on January 1, 2019.
Alaska’s minimum wage is adjusted annually based on inflation. The [Read more...]

Jury awards female farmworker $850K on EEOC claims arising from rape by supervisor

January 2nd, 2019

By Pamela Wolf, J.D.
The EEOC logged a victory on December 19 when a federal jury in Florida came in with a verdict in favor of a female farmworker at Favorite Farms in Dover, Florida, who was raped by her male supervisor. The jury awarded a total of $850,000 in compensatory and punitive damages on her [Read more...]