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Justices opt to stay out of joint-employer battle for now

January 10th, 2018

By Pamela Wolf, J.D.
The Supreme Court has denied the petition for certiorari filed in DirectTV, LLC v. Hall (16-1449), which sought review of a Fourth Circuit joint-employer ruling that the petitioners contend departed from every other circuit to have considered the issue. The Justices issued the order denying certiorari on January 8, 2018, without explanation. [Read more...]

EEOC EPA suit revived: Were reasons for wage disparity in fact not based on gender?

January 9th, 2018

By Kathleen Kapusta, J.D.
Agreeing with the Third and Tenth Circuits that the Equal Pay Act requires that an employer submit evidence from which a reasonable factfinder could conclude not simply that the its proffered reasons could explain the wage disparity, but that the proffered reasons do in fact explain the wage disparity, a divided Fourth [Read more...]

Drivers’ association lacked standing to challenge FMCSA ‘sleep apnea testing’ rule

January 9th, 2018

By Kathleen Kapusta, J.D.
Dismissing a petition by Owner-Operator Independent Drivers Association (OOIDA) and one of its members seeking to vacate an administrative rule, which they alleged subjected OOIDA members to more sleep apnea testing leading to delays or denials of medical certification to drive commercial motor vehicles, the Eighth Circuit found they did not have [Read more...]

DOL to use primary beneficiary test to decide when interns working at for-profit employers are subject to FLSA

January 9th, 2018

In an announcement on January 5, citing the Ninth Circuit’s December 19, 2017, opinion in Benjamin v. B & H Education, Inc., expressly rejecting the DOL’s six-part test for determining whether interns and students are employees under the FLSA, the Labor Department clarified that going forward it would use the “primary beneficiary” test. The Ninth [Read more...]

ConAgra exec not entitled to severance benefits following ’self-termination’

January 9th, 2018

By Ronald Miller, J.D.
An executive whose employment with ConAgra began after it acquired his former employer failed to show that ConAgra abused its discretion in denying his claim for severance benefits, ruled the Eighth Circuit. Under an employee benefits program, the employee was entitled to recover severance benefits after self-terminating his employment within 24 months [Read more...]