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Johnson & Johnson may be able to piggyback on Kelly Services’ arbitration agreement with FCRA claimant

April 9th, 2019

By Lisa Milam, J.D.
There was a “close nexus” between Johnson & Johnson and the parties to the arbitration agreement, including Kelly Services, which recruited the plaintiff for the defendant. As such, Johnson & Johnson was entitled to compel arbitration based on estoppel principles.
A job applicant who applied for a position at Johnson & Johnson by [Read more...]


Michigan-only logging operation was still FLSA-covered enterprise; no MCA exemption either

April 9th, 2019

By Ronald Miller, J.D.
Logging and harvesting equipment used exclusively within Michigan constituted “materials” under the FLSA’s “handling” clause because such equipment was necessary to cut down trees and transport timber, which had a significant connection to an employer’s commercial activity, so the employer was not an ultimate consumer.
Although a logging company operated solely within the [Read more...]


Tiered minimum wage bill, the PHASE-in $15 Wage Act, would set the floor regionally

April 9th, 2019

By Pamela Wolf, J.D.
The PHASE-in $15 Wage Act would establish five tiers based on regional costs of living and purchasing power, provide a two-year phase-in, and make adjustments every three years based on current economic data.
Led by Representative Terri Sewell (D-Ala.), a dozen lawmakers have introduced the Paying Hourly Americans Stronger Earnings (PHASE)-in $15 Wage [Read more...]


3-1 NLRB: New employer need not bargain before setting different initial terms, conditions of employment for unit employees

April 8th, 2019

By Ronald Miller, J.D.
The increasingly activist NLRB overturned the 1996 decision in Galloway School Lines and precedent applying its holding, finding that it went far beyond the limits of the narrow “perfectly clear successor” exception contemplated by the Supreme Court’s ruling in NLRB v. Burns Security Services, and impermissibly extended the Love’s Barbeque remedial doctrine.
Following [Read more...]


Jones Day sued for systemic gender, pregnancy, and maternity discrimination

April 8th, 2019

By Pamela Wolf, J.D.
The complaint raises claims under Title VII, the Equal Pay Act, California law, and the District of Columbia Human Rights Act, under which the firm’s managing partner could face liability.
Two named female plaintiffs and four Jane Does have brought a class and collective action against Jones Day alleging systemic discrimination based on [Read more...]