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Former coach’s sex bias, stereotyping, hostile environment claims tossed under higher Section 1983 standard

August 14th, 2019

By Wayne D. Garris Jr., J.D.
The district court incorrectly applied Title VII’s less stringent causation standard to the former assistant basketball coach’s Section 1983 claims. Besides, the individual defendants should have been granted qualified immunity.
Reversing a federal district court’s denial of summary judgment, the Second Circuit found that a former assistant college basketball coach failed [Read more...]

NCAA, PAC-12 not joint employers of student athletes under FLSA

August 14th, 2019

By Kathleen Kapusta, J.D.
The economic reality of the relationship between the NCAA/PAC-12 and student-athletes does not reflect an employment relationship, the Ninth Circuit determined.
The NCAA and Pac-12 were regulatory bodies, not employers of student-athletes under the FLSA, the Ninth Circuit ruled, affirming dismissal of a Division I college football player’s putative class action seeking minimum [Read more...]

NLRB proposed election rule changes to affect blocking charges, voluntary recognition bar, construction industry recognition

August 12th, 2019

By Joy P. Waltemath, J.D.
The Board proposes to replace the current blocking charge policy, return to a 45-day notice and open period following voluntary recognition, and require extrinsic evidence of majority employee support to convert a Section 8(f) construction industry bargaining relationship to a Section 9(a) relationship.
In a 113-page notice of proposed rulemaking scheduled to [Read more...]

DOL opinion letters address FMLA intermittent leave, FLSA Section 7(k) exemption, volunteer status

August 12th, 2019

By Pamela Wolf, J.D.
A mother was qualified for intermittent leave to address her children’s special needs, public employees working in both the fire and police departments were not due overtime, and extra duty work for a third party did not change volunteer status.
On August 8, the DOL’s Wage and Hour Division released three new opinion [Read more...]

DOL soliciting input on proposed revisions to FMLA forms

August 12th, 2019

By Pamela Wolf, J.D.
The proposed changes to the FMLA optional use forms are intended to increase compliance, improve customer service, and improve administration of the law.
The Department of Labor is seeking public comments on proposed revisions to the optional use forms that the Wage and Hour Division provides for public use in the administration of [Read more...]