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California employee classification statute not preempted by federal law

May 3rd, 2021

By Wayne D. Garris Jr., J.D.
The district court had enjoined enforcement of AB5 with respect to motor carriers, after finding that a trucking industry group showed a likelihood of success of the merits on their preemption claim.
The Ninth Circuit reversed a district court’s order preliminarily enjoining enforcement of California’s Assembly [Read more...]

No race bias claim for employee fired after refusing to cut dreadlocks

May 3rd, 2021

By Kathleen Kapusta, J.D.
According to Eleventh Circuit precedent, “every court to have considered the issue has rejected the argument that Title VII protects hairstyles culturally associated with race.”
An employee who, after seven years of employment with a silicon metal manufacturer, was fired after he refused to comply with a new [Read more...]

Biden’s ‘American Families Plan’ would provide 12 weeks of paid family and medical leave

May 3rd, 2021

By Pamela Wolf, J.D.
The plan would also ensure that low and middle-income families pay no more than 7 percent of their income on high-quality child care.
In follow-up to his “American Jobs Plan,” President Biden on April 28, 2021, announced the “American Families Plan,” calling the pair of plans “once-in-a-generation investments in our [Read more...]

FLSA plaintiffs must plausibly allege willfulness to obtain benefit of three-year limitations period

April 29th, 2021

By Brandi O. Brown, J.D.
In so ruling, the appeals court resolved a split among its own district courts and joined the Sixth Circuit on its side of the circuit court split.
In an employee’s appeal of a dismissed FLSA claim, the Second Circuit instructed that a FLSA plaintiff relying on a [Read more...]

TVPA restitution for unpaid worker includes FLSA liquidated damages

April 29th, 2021

By Joy P. Waltemath, J.D.
For over 5 years, a cafeteria manager “effectively enslaved” an intellectually disabled man, forcing him to work at the cafeteria over 100 hours per week without pay.
After sentencing a cafeteria manager who pleaded guilty to forced labor under the Trafficking Victims Protection Act (TVPA) to 120 [Read more...]