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Should Rule 68 offers of judgment in FLSA wage cases get DOL or judicial approval?

January 20th, 2020

By Pamela Wolf, J.D.
NELP says they should—so that attorneys cannot end-run the FLSA’s mandatory wage-and-hour protections and impose abusive confidentiality and non-disclosure agreements.
The National Employment Law Project (NELP) is weighing in on whether cases brought under the Fair Labor Standards Act can be resolved by a Rule 68 offer of judgment without any judicial review [Read more...]

Servers at Denny’s franchisee may pursue minimum wage claims despite latest DOL tip guidance

January 20th, 2020

By Ronald Miller, J.D.
Under Auer v. Robbins, courts are required to give controlling weight to an agency’s interpretation of its own regulations unless that interpretation is “plainly erroneous or inconsistent with that regulation.”
A Denny’s franchisee could not convince a court to dismiss a collective action brought by servers at its restaurants who alleged that its [Read more...]

Arbitrator’s decision allowing collective arbitration of FLSA overtime claims upheld

January 20th, 2020

By Marjorie Johnson, J.D.
The court also declined to reverse its earlier decision sending the issue to the arbitrator in the first place, refusing to reject a recent Tenth Circuit decision which had ruled that incorporation of the AAA Rules showed the parties intended for the arbitrator to decide the issue.
An arbitrator did not exceed his [Read more...]

Transgender employee fired for ‘bad attitude’ advances discriminatory discharge, retaliation claims

January 17th, 2020

By Kathleen Kapusta, J.D.
Her hostile work environment claim, which was based among other things on sporadic allegations of misgendering was dismissed, however.
Although her Title VII sex-based hostile work environment claim against a staffing company and a government contractor was dismissed for a second time without prejudice—the transgender employee’s allegations of misgendering lacked specific details—her discriminatory [Read more...]

Justices contemplate whether ‘but-for’ causation applies to federal-sector ADEA claims

January 17th, 2020

By Pamela Wolf, J.D.
That there should be parity between federal and private-sector, state, and local government burdens of proof was a challenging argument to make, given language differences in the applicable provisions. Also, the Chief Justice referenced “OK Boomer.”
On January 15, the Justices heard oral argument in a case that will determine whether federal agency [Read more...]