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$20.5M: What Jackson National Life Insurance will pay to settle harassment, discrimination, retaliation allegations

January 13th, 2020

By WK Editorial Staff
Jackson allegedly tolerated harassment and discrimination against female and African-American workers in promotions and pay, and it fired a white VP who refused to discipline employees who had complained.
Jackson National Life Insurance Company, Jackson National Life Distributors, LLC, and Jackson National Life Insurance Company of New York have agreed to pay $20,500,000 [Read more...]

Evidence of tech company’s FLSA audit admissible in misclassification suit

January 10th, 2020

By Wayne D. Garris, Jr.
Employees who were reclassified after the audit filed suit alleging that their employer violated the FLSA by previously classifying them as overtime-exempt.
Affirming a district court’s award in favor of employees of a supply-chain management company, the Fifth Circuit held that the lower court did not abuse its discretion when it found [Read more...]

Police sergeant who claimed ‘wives and paramours’ were given promotional advantage couldn’t revive property interest claim

January 10th, 2020

By Brandi O. Brown, J.D.
Although the employee contended this favoritism violated his rights, his due process, equal protection, and breach of contract claims were untenable under existing caselaw.
A Chicago police sergeant’s constitutional and contract claims were “squarely” precluded by state and federal caselaw, the Seventh Circuit found, refusing to revive them. The appeals court previously [Read more...]

NLRB upholds ‘generous settlement offer’ to discharged union supporter despite ‘colorable basis’ for finding it unlawful

January 10th, 2020

By Kathleen Kapusta, J.D.
Considering the evidence against its longstanding policy to encourage the compromise and settlement of unfair labor practice charges, the Board found that “public policy favoring settlements warrants letting the settlement stand”–even though the employee had to waive his right to reinstatement.
In what it called “an unusual case warranting careful scrutiny” of an [Read more...]

Three new WHD opinion letters address overtime calculations, FMLA eligibility, salary basis test

January 9th, 2020

By Pamela Wolf, J.D.
The letters address overtime pay calculation in light of a nondiscretionary bonus for completing training, whether a health district must count county employees for FMLA eligibility purposes, and whether per-project payments satisfy the salary basis test for exemption.
On January 7, 2020, the Department of Labor released three new opinion letters—the 51st, 52nd [Read more...]