About Us  |  About Cheetah®  |  Contact Us

WK WorkDay Blog

Subscribe to the Employment Law Daily RSS Subscribe

Top labor and employment developments for November 2019

February 6th, 2020  |  Joy Waltemath

In case you missed the in-depth coverage of Labor & Employment Law Daily for November, here’s a recap of some key developments in the L&E community.

Highlights from the November 2019 recap include:

More regulations on tap for year-end

  • Expect final joint-employer rules from the DOL and the NLRB, while the EEOC intends to submit its own joint-employer proposal
  • DOL’s proposed fluctuating workweek method would clarify that bonus and premium payments are compatible—and must be included in the regular rate calculation

DACA, discrimination pleading standards argued at SCOTUS

  • Will DACA ruling fall along the Court’s conservative/liberal split?
  • Justices consider whether but-for causation is pleading standard for Section 1981

EEO-1 pay data collection seems unlikely to continue

  • Public hearing on EEO-1 pay data collection reveals sharp divides, and the OFCCP says it doesn’t want any EEO-1 pay data

Post-Janus shakedown continues in federal courts

  • 7th Circuit agrees that employee who paid fair share fees under protest was not entitled to refund of money and also finds that another employee who argued he was seeking the equitable remedy of restitution for fair-share fee deductions simply sought damages
  • 2d Circuit finds agency fee payors didn’t choose to associate with the union, so their mere representation during collective bargaining was not protected association
  • N.D. Illinois rejects union’s post-Janus bid to shed free riders

Also in the federal courts of appeal

  • D.C. Circuit rules advocacy group has standing to challenge H-4 visa rule
  • 6th Circuit revives First Amendment retaliation claim of Christian firefighter who objected to coworkers’ sexual behavior
  • 10th Circuit says no, medical expert not always required to prove ADA disability

And more. In addition, during November GM goes after Fiat Chrysler in a racketeering suit over its role in union corruption, and the UAW itself takes action against union officials named in criminal complaints. Plus, the California Trucking Association gears up in its claims that AB-5 is preempted by federal law, New Jersey’s draft independent contractor bill already nets significant pushback, New York City announces it first settlement of a hair discrimination violation, and whether post-shift security screenings are non-compensable under Pennsylvania law gets certified to the state’s supreme court.


Top labor and employment developments for October 2019

November 12th, 2019  |  Pamela Wolf

By Pamela Wolf, J.D.

In case you missed the in-depth coverage of Employment Law Daily for October, here’s a recap of some key developments in the L&E community.

Highlights from the October 2019 recap include:

  • Supreme Court hears oral arguments on Title VII protections for LGBTQ employees
  • Rideshare companies fight back with ballot initiative to carve out exceptions to California’s controversial new law treating gig workers as employees
  • DOL proposed rule would permit tip-pooling to include non-tipped workers and also tip credit for ‘contemporaneous’ non-tipped duties
  • Labor Board rules that confidentiality and media contact rules didn’t run afoul of Section 7 rights
  • Federal appeals court rulings on whether refusing to hire an obese applicant due to fear of future impairment supports a regarded-as claim, and whether McDonald’s was a joint employer of franchise employees.
  • A jury’s $20 million award on a gay policeman’s discrimination and retaliation claims


    Top labor and employment developments for September 2019

    October 7th, 2019  |  Joy Waltemath

    By Joy P. Waltemath, J.D.

    In case you missed the in-depth coverage of Employment Law Daily for September, here’s a recap of some key developments in the L&E community.

    Highlights from the September 2019 recap include:

    • The DOL’s new Labor Secretary and final white-collar overtime rule
    • The NLRB’s precedent-overturning decisions on denying employer property access to nonemployees, revising the community-of-interest standard, and eliminating the “clear and unmistakable waiver” standard for unilateral changes
    • The Board’s proposed rule denying statutory employee status to graduate student assistants and others at private colleges and universities
    • The NLRB’s invitation for briefs on NLRA protections for profanity and offensive statements
    • EEOC’s EEO-1 pay data collections both now and in the future
    • Federal appellate decisions on FLSA’s application to marijuana workers and whether an employer’s fear of an employee’s potential future disability is actionable under the ADA
    • California’s foray into statutory treatment of gig workers as employees.


    Top labor and employment developments for August 2019

    October 7th, 2019  |  Lisa Milam

    By Lisa Milam, J.D.

    In case you missed the in-depth coverage of Employment Law Daily for August, here’s a recap of some key developments in the L&E community.

    Highlights from the August 2019 recap include:

    • The NLRB’s proposed election rule provisions (likely the first in a series of rulemakings)
    • The Board’s “independent contractor” ruling and other key decisions
    • ICE raids and the aftermath
    • OFCCP’s expand “religious freedom” for federal contractors
    • Noteworthy discrimination and wage-hour decisions
    • New employee-friendly laws in Illinois, New York, and Oregon.


    Top labor and employment developments for July 2019

    August 23rd, 2019  |  Kathy Kapusta

    By Kathleen Kapusta, J.D.

    In case you missed the in-depth coverage of Employment Law Daily for July, here’s a recap of some key developments in the L&E community.

    Highlights from the July 2019 review include:

    • Walmart employees’ Ride for Respect was unprotected intermittent strike, rules NLRB.
    • $65M settlement approved in au pair wage-fixing suit.
    • Washington’s highest court says obesity is always an impairment under WLAD.
    • New Wage and Hour opinion letters address FLSA compliance issues.
    • Court signs off on $7.4M deal to end class claims that Dave & Buster’s cut hours to dodge ACA mandates.

    Notable federal circuit court decisions also are included.