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Bank of America can’t dodge class California Labor Code claims

August 8th, 2018

By Lisa Milam, J.D.
A Bank of America employee may proceed with the bulk of her California Labor Code and derivative claims, a federal court in California held, finding she asserted plausible allegations that the employer violated state-law overtime, meal and rest period, waiting-time and wage statement provisions. Much turned on whether bonuses had to be [Read more...]

Waiver may not have foreclosed RIF’d worker’s ADEA claims, or closely intertwined race bias claim

August 8th, 2018

By Lisa Milam, J.D.
An employee laid off in a reduction in force may still be able to pursue his discrimination claim against his former employer despite the release he signed in exchange for a severance package. A question of fact remained as to whether the waiver was knowing and voluntary, given the employee’s contention the [Read more...]

Butcher showed that sexual taunting, touching was directed only at males, reviving sex harassment claim

August 7th, 2018

By Joy P. Waltemath, J.D.
Because the Seventh Circuit found that “ample” trial evidence presented by a butcher who claimed sexual harassment did show that the genital grabbing, buttock groping, and sex pantomiming he experienced from male coworkers behind the meat counter did not extend to female employees in the small store’s mixed-sex workplace, it was [Read more...]

Rubio unveils bill that trades Social Security benefits for new parent leave

August 7th, 2018

By Pamela Wolf, J.D.
Senator Marco Rubio (R-Fla.) and Representative Ann Wagner (R-Mo.) have unveiled proposed legislation that would establish a national paid parental leave program within the Social Security Administration that would provide partial wage replacement for workers who temporarily need to take time off from their jobs to care for and bond with a [Read more...]

Citrus grove owner not a joint employer of migrant workers under common law

August 6th, 2018

By Ronald Miller, J.D.
The owner of a citrus grove that utilized migrant workers under the H-2A visa program to harvest citrus fruit was not the workers’ joint employer under common law, ruled the Eleventh Circuit. The Immigration and Nationality Act governed the H-2A visa program, and Congress intended this statute to carry the definition of [Read more...]