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Should Uber drivers be paid for ‘on call’ time while using the online app? Not ruled out

September 18th, 2017

By Robert Margolis, J.D.
The FLSA’s “on call” principles may extend to the “gig” economy, a federal district court in Pennsylvania has found, permitting a putative class of Uber drivers to proceed with their claims for compensation for their time spent “on call” when they are online using Uber’s app. Finding there are disputed material facts [Read more...]

DOJ antitrust official says employee ‘no-poaching’ agreements may be prosecuted

September 18th, 2017

By Elizabeth C. Pope, J.D.
Andrew Finch, the Acting Assistant Attorney General in the Justice Department’s Antitrust Division, stated that “naked” agreements among employers not to “poach” employees or not to compete on employee compensation are “per se illegal” and may be subject to criminal prosecution. Finch, who is serving as the Acting Assistant Attorney General [Read more...]

It’s official: EEOC implements OMB stay of EEO-1 pay data collection

September 18th, 2017

The EEOC is giving official notice that filers subject to the EEO-1 reporting requirement should not submit aggregate data about W-2 (Box 1) income and hours worked—the pay data collection aspects of the EEO-1 form added near the end of the Obama administration. This is the information required by “Component 2″ of the EEO-1 report [Read more...]

SCOTUS formally asked to decide if Title VII protects against sexual orientation discrimination

September 18th, 2017

By Pamela Wolf, J.D.
As promised, Lambda Legal is taking the case of a Savannah, Georgia, security guard, who alleges she was harassed at work and forced from her job because she is a lesbian, to the Supreme Court to determine whether Title VII affords her any relief. The petition for certiorari in Evans v. Georgia [Read more...]

Nike retail employees’ baggage-check time was de minimis

September 15th, 2017

By Robert Margolis, J.D.
The time that Nike retail store employees must spend in post-shift inspections of their bags and pockets—an average of 18.5 seconds per inspection, according to Nike’s expert witness— is de minimis as a matter of law and thus not compensable, a federal district court in California has held. The court granted Nike’s [Read more...]