Supreme Court rules for car dealerships in overtime case
In this Oct. 10, 2017 photo, the Supreme Court in Washington is seen at sunset. The Supreme Court is being asked to take a case about whether eye drops are too big.
Category Archives: Employment / Labor Law
Democrats tell embattled congresswoman to quit over staff’s treatment; she says no
In this March 4, 2015 photo, Rep. Elizabeth Esty, D-Conn. speaks on Capitol Hill.
Fifth Circuit Affirms Sanctions Against Austin Attorney Mary Alice…
The U.S. Court of Appeals for the Fifth Circuit has affirmed sanctions of an Austin attorney for a three-year suspension and more than $175,000, describing his contentions on appeal as "frivolous." U.S. Magistrate Judge Mark Lane of the Western District of Texas had ordered the sanctions against solo practitioner Omar Rosales in December 2016 after finding that Rosales had "defamed opposing counsel with false and abusive statements, attempted to derail the administration of justice with frivolous motions and submitted fabricated evidence to subvert proceedings in this court."
Technical education struggles to gain funding traction
A bipartisan bill to improve career and technical education has yet to be taken up by the Senate, despite passing the House by unanimous voice vote in June. Glenn W. Thompson Judges refuse GOP request to block new Pa.
Olivia de Havilland Loses in Appeal Over Docudrama Portrayal
The California Court of Appeal has created some First Amendment breathing room for the creators of docudramas. It's coming at the expense of legendary actor Olivia De Havilland.
DOL fiduciary rule: 5th Circuit decision could be big win for indexed annuities
The fiduciary rule may be taken off the books as a result of the ruling, and an SEC fiduciary standard wouldn't cover products not registered as securities Indexed annuities - and the intermediaries that sell them - appear to be the biggest benefactors of an appellate court's decision last week to vacate the Department of Labor fiduciary rule. While observers are divided on the ruling's implications, a consensus seems to be growing that the fiduciary rule would be erased nationwide if the DOL doesn't appeal - a potential outcome given the Trump administration's deregulatory agenda.
Following stormy House session, DeLeo defends non-disclosure pacts
A day after two state representatives blasted the Massachusetts House's use of nondisclosure and non-disparagement agreements with some departing employees, Speaker Robert DeLeo on Friday defended the practice as a "part of doing business." During debate Thursday on a legislative rules package intended to better equip the House to respond to workplace harassment complaints, Rep. Diana DiZoglio broke a nondisclosure agreement she had signed as part of a severance agreement when she was a House aide, speaking from the House floor about harassment she experienced and condemning NDAs as silencing tactics.
Appeals Court Voids DOL Fiduciary Rule
In a 2-1 split decision, the Fifth Circuit Court of Appeals vacated the rule late Thursday afternoon, InvestmentNews reports . This overturns a Dallas district court's decision.
Federal appeals court rules for fired transgender funeral director
The Equal Employment Opportunity Commission [official website] pursued the claim on behalf of Aimee Stephens, a former employee of Defendant-Appellant R.G. and G.R. Harris Funeral Homes, Inc. [website]. Stephens was terminated two weeks after revealing to the funeral home that she was transgender and would begin dressing as a woman for work.
DOJ Announces Sexual Harassment Enforcement Initiative – State and…
State and local governments many of whom are already facing new sexual harassment regulations and enforcement actions at the state level are now subject to additional federal scrutiny and potential enforcement pursuant to a recently announced initiative by the U.S. Department of Justice . The DOJ on Feb. 28, 2018, announced its Sexual Harassment in the Workplace Initiative , which seeks to combat workplace sexual harassment in the public sector.
Clark, DeLauro introduce bill to protect tipped workers
Katherine Clark and Congresswomen Rosa DeLauro today introduced the Tip Income Protection Act, legislation to protect tipped workers from having their tips taken by their employers. In a House Appropriations Committee hearing yesterday, Clark and DeLauro pressed Department of Labor Secretary Alexander Acosta on the recent DOL proposal allowing restaurants and other employers to keep workers' tips.
Department of Justice Launches New Initiative to Combat Sexual Harassment in the Workplace
On February 28, 2018, the Department of Justice's Civil Rights Division announced a new Sexual Harassment in the Workplace Initiative that will focus on combating workplace sexual harassment in the public sector. The DOJ Civil Rights Division enforces Title VII of the Civil Rights Act of 1964 against state and local government employers.
State lawmakers, workers oppose federal tip-pooling proposal
To continue reading this premium story, you need to become a member. Click below to take advantage of an exclusive offer for new members: Dan Meiser, owner of the Oyster Club at 13 Water St. in Mystic, speaks with executive chef James Wayman on April 16, 2014.
Colorado lawmakers mull sex misconduct investigation results
In this Jan. 10, 2018 file photo, Colorado State Rep. Steve Lebsock, D-Thornton, looks on as the Colorado House of Representatives convenes for the start of the 2018 session. Democratic House Majority Leader KC Becker said Tuesday, Feb. 27, that she will recommend that Lebsock be expelled after an independent investigator found sexual harassment complaints against him were credible.
Title VII protects workers from discrimination based on sexual orientation, en banc 2nd Circuit says
An en banc federal appeals court has ruled that Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on sexual orientation. The New York-based 2nd U.S. Circuit Court of Appeals ruled Monday that discrimination against gay workers constitutes a form of sex discrimination banned by Title VII.
SCOTUS Slams Door On Attempt To Expand Retaliation Law
Yesterday, in a unanimous decision, the U.S. Supreme Court declined to broaden the definition of "whistleblower" in federal anti-retaliation law, ruling that employees who simply raise complaints with their employers are not protected by the Dodd-Frank Act despite regulations which sought to provide additional protections. This is a positive decision for employers because it significantly limits the type of reports protected by the Act, while decreasing the likelihood that you could face liability for discharging an employee .
Workforce Recruitment Program candidates available
The WRP is a recruitment and referral program that connects federal and private sector employers nationwide with highly motivated college students and recent graduates with disabilities who are eager to prove their abilities in the workplace through temporary summer or permanent jobs. The program is co-sponsored by the Department of Defense and the Department of Labor and the internships are funded by DoD at no cost to the unit.
As shutdown eases federal workers fear prospect of another
The swift steps ending a messy and expensive government shutdown set the stage for hundreds of thousands of federal workers to return Tuesday, but some say they fear they could find themselves in limbo again in a few more weeks. Congress sped toward moving to reopen government after Democrats reluctantly voted to temporarily pay for resumed operations on Monday afternoon.
DOL Bids Adieu to Six-Factor Internship Test
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit. In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for intern status in for-profit companies and replaced it with a more nuanced set of factors first articulated by the Second Circuit in 2015.
The biggest labor stories of 2017
The first year of any Republican presidential administration is sure to bring new attacks on unions and their allies. This year has seen plenty of anti-labor offensives, as well as inspiring fights and encouraging signs for the future.