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DOL can’t enforce fiduciary rule exception’s arbitration bar

November 9th, 2017

By Lisa Milam-Perez, J.D.
A nonprofit financial services society challenging the arbitration restrictions in the DOL fiduciary rule’s Best Interest Contract (BIC) Exemption was entitled to a preliminary injunction barring the federal government from enforcing the provision. Notwithstanding the DOL’s change of heart on the fiduciary rule itself, and its stated intention not to enforce the [Read more...]


Conservative law prof won’t get new trial in political discrimination suit

November 9th, 2017

By Lisa Milam-Perez, J.D.
With a conservative law professor’s refusal-to-hire case before it on appeal for the third time, the Eighth Circuit refused to consider several of her arguments contesting the district court’s refusal to grant her a new trial in her political discrimination suit. Most of her assertions of error were not adequately presented on [Read more...]


Lawmakers press NLRB Member William Emanuel on conflicts of interest

November 9th, 2017

A dozen senators are pressing recently confirmed National Labor Relations Board Member William Emanuel to publicly disclose all potential conflicts of interest that may come before the Board as a result of his earlier work representing large employers before the Board, or that could come before the Board in the future. Led by Elizabeth Warren [Read more...]


Table rental system for restaurant servers not OK under FLSA

November 8th, 2017

By Ronald Miller, J.D.
After an employer conceded that a table rental program for servers at a restaurant violated the minimum wage provisions of the FLSA, it was required to pay back wages and liquidated damages, ruled a federal district court in Ohio. The fact that the employer later consulted an attorney—who advised that the program [Read more...]


Rescinding DACA hurts employers too, Microsoft suit alleges

November 8th, 2017

Asserting that employers also stand to lose if Deferred Action for Childhood Arrivals (DACA) recipients lose their legal immigration status, Microsoft Corp. has filed suit challenging the Trump administration’s decision to rescind the DACA program, stripping some 800,000 “Dreamers” of their protected status. Microsoft filed its suit along with Princeton University, which contends that it [Read more...]