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U.S. Supreme Court certiorari petition filing deadline extended to 150 days

March 23rd, 2020

By Joy P. Waltemath, J.D.
Other courts are also relaxing deadlines, but even if they are, there are things practitioners should consider.
The U.S. Supreme Court has extended the deadline to file any petition for a writ of certiorari due on or after March 19, 2020, to 150 days from the date of the lower court judgment, [Read more...]

NLRB shuts down more offices; OFCCP no longer accepts walk-ins, limits physical contact

March 23rd, 2020

By WK Editorial Staff
As offices close or reduce staff, most are relying on phone or Internet and making time extensions as necessary.
NLRB. In a notice March 20, the NLRB said that effective immediately, the Board’s office in San Francisco (Region 20) will be closed temporarily because an employee in the office has been in direct [Read more...]

Retailer’s ‘Call-In’ scheduling practice triggered reporting time pay requirements

March 23rd, 2020

By Ronald Miller, J.D.
California law requires employers to provide partial compensation (reporting-time pay) to retail employees who report for work but are not actually provided work.
It is not necessary for an employee to “report for work” in person in order to trigger the reporting time pay requirements in California’s Wage Order 7, ruled the Ninth [Read more...]

Dishwasher who saw chefs sexually harass coworkers advances own hostile environment claim

March 23rd, 2020

By Marjorie Johnson, J.D.
Under the state’s anti-bias law, if the purpose or effect of sexual conduct was “to unreasonably interfere with employees’ work performance through an intimidating work environment,” the fact the employee had not yet been harassed herself did not negate the hostile work environment.
A restaurant employee who purportedly observed two males sexually harass [Read more...]

Transgender FedEx driver advances discrimination claims

March 23rd, 2020

By Wayne D. Garris Jr., J.D.
FedEx did not argue that transgender status was not protected under Title VII because it did not believe that anyone involved in the employee’s termination knew that he was transgender.
Denying FedEx Freight’s motion for summary judgment, a federal district court in Maryland held that genuine issues of fact existed as [Read more...]