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Labor & Employment Law

TOP STORY—2d Cir.: Collective-action waiver included in former IBM employees’ severance agreements enforceable

A collective-action waiver is not a waiver of any “right or claim” under the ADEA that triggers the requirements of 29 U.S.C. § 626(f)(1). Former employees of IBM who entered into severance agreements in which they agreed not to join any collective a...

TOP STORY—2d Cir.: Collective-action waiver included in former IBM employees’ severance agreements enforceable
EXPERT INSIGHTS—California's COVID-19 regulations extended through April
January 20, 2022
Deepti B. Gage & Jessalee L. Landfried, Jayni A. Lanham & Kaitlyn D. Shannon

The Standards Board is also continuing to consider adoption of a permanent standard for COVID-19. California's Second Readopted COVID-19 Emergency Temporary Standard (ETS) is now in effectand will remain in place through April 14, 2022. In general, t...

EXPERT INSIGHTS—Post-U.S. Supreme Court OSHA ruling: managing omicron and coronavirus in the workplace
January 20, 2022
Lawrence Lee

The U.S. Supreme Court OSHA ruling that officially blocked President Biden's workplace vaccine mandate for most businesses means employers can move forward with solutions to consider in view of emerging variants and workplace protections. Now that th...

DISCRIMINATION—DISABILITY—4th Cir.: Employee’s admission that he was ‘completely disabled and unable to work’ dooms claims
January 20, 2022
Marjorie Johnson, J.D.

The employee admitted in his pleadings and deposition testimony that he was “unable to work” on the date he was discharged, and he failed to suggest any reasonable accommodation that would have allowed him to do so. A discharged employee who filed an...

DISCRIMINATION—DISABILITY—D. Neb.: Light duty restrictions on railroad worker for one year may have been unreasonable
January 20, 2022
Nicole D. Prysby, J.D.

Disability discrimination claims went forward, based on a fact dispute over whether the employer’s duty restrictions were reasonable or whether they were based on an incorrect perception that he suffered from syncope. A railroad employee’s disability...

DISCRIMINATION—SEXUAL HARASSMENT—E.D. Mich.: VP advances to trial with allegations of sexual harassment by female supervisor spanning two years
January 20, 2022
Brandi O. Brown, J.D.

The supervisor allegedly rubbed her breasts on his head, jumped into his lap, slapped his butt, and placed phone chargers down the back of his pants. A former vice president of business development, who alleged that despite his complaints to his empl...

EMPLOYEE LEAVE—M.D. Tenn.: Employee fired after requesting leave to take care of daughter due to COVID-19 closures advances EFMLEA, EPSLA claims
January 20, 2022
Kathleen Kapusta, J.D.

Though the company owner told her after her daughter’s school closed, “No worries on kids. Totally covered,” two months later, he was “done with her absences and lack of commitment.” An employee who was fired a little over two months after her daught...

PROCEDURE—7th Cir.: District court improperly required employee claiming discrimination to identify comparator
January 20, 2022
Ronald Miller, J.D.

Rule 8 and the accompanying standards articulated by the Supreme Court in Twombly and Iqbal do not require a plaintiff to plead a prima facie case of employment discrimination. A Polish-American woman in her 50s, who alleged she was unlawfully discha...

PROCEDURE—E.D. La.: Employees have no right to a jury trial for WARN Act claims
January 20, 2022
Nicole D. Prysby, J.D.

Because the remedies under the WARN Act are equitable rather than legal in nature, there is no Seventh Amendment constitutional right to a jury trial. Former employees were not entitled to a jury trial for their WARN Act claim against their employer,...

PUBLIC EMPLOYEES—Mo. Sup. Ct.: Teacher’s copying of district’s Google drive to personal account justified her firing
January 20, 2022
Marjorie Johnson, J.D.

The teacher copied and transferred thousands of files to her personal Google account, hundreds of which contained confidential student information that included individual education programs, physical therapy evaluations, and physical therapy progres...

AGENCY NEWS—New York Comptroller files shareholder proposals with 5 companies seeking racial equity audits
January 20, 2022
Glenn Borst, J.D., LL.M.

The proposals, which result from recent controversies related to these businesses, seek independent audits of the companies’ racial equity practices. Thomas P. DiNapoli, State Comptroller of New York, along with the New York State Common Retirement F...

BLOG TRACKER—Noteworthy posts and other commentary
January 20, 2022
WK Editorial Staff

The week’s most insightful, intriguing, or entertaining blog posts from the labor and employment law community: HR Defense, Avoid Possible Tragedy In The Future By Preparing For Disasters And Emergencies Now , by Brittany Buccellato (Akerman LLP) The...

LABOR NEWS—Port and rail truck drivers take XPO Logistics ‘independent contractor’ issue to NLRB
January 20, 2022
Pamela Wolf, J.D.

While the Teamsters claim that companies like XPO intentionally misclassify workers to deny them the right to organize, XPO says that contractors who want to be fulltime employees are free to apply for any number of open positions. In what the Intern...

LITIGATION NEWS, TRENDS—Florida lawsuit aims to protect right of publicity of high school athletes
January 20, 2022
Matthew Hersh, J.D.

The debate over student athlete compensation, largely focused on college sports, reaches the high school arena. The organizations responsible for administering high school sports in Florida have unlawfully conspired to deny student athletes the right...

SUPREME COURT NEWS—ERIC asks Justices to review Seattle health coverage mandate
January 20, 2022
WK Editorial Staff

The petition for certiorari calls for the Supreme Court to rectify a clear circuit split on whether ERISA preempts state and local play-or-pay provisions. The ERISA Industry Committee (ERIC) has petitioned the Supreme Court to review a Ninth Circuit ...

Labor & Employment Law

TOP STORY—9th Cir.: Ninth Circuit declines interlocutory appeal over multi-million damage award for union’s illegal secondary boycott

Because the appeals court lacked jurisdiction, the district court will continue to oversee the years’ long litigation concerning the high-profile labor dispute that led to a Port of Portland terminal closing to ocean-going cargo for more than a year....

TOP STORY—9th Cir.: Ninth Circuit declines interlocutory appeal over multi-million damage award for union’s illegal secondary boycott
EXPERT INSIGHTS—California voters may deal a fatal blow to PAGA
January 19, 2022
Anthony Oncidi & Philippe A. Lebel & Morgan J. Peterson

Things aren't looking so good for the long-term health of the Labor Code Private Attorneys General Act ("PAGA"). On top of the U.S. Supreme Court's granting review of a case challenging PAGA's anti-arbitration rule (as we reported here ) and a separa...

EXPERT INSIGHTS—Companies should consider modifying ‘change in control’ definitions in executive compensation arrangements to avoid unintended payment trigger
January 19, 2022
Employee Benefits Practice Group

Companies with executive compensation arrangements should review their change in control triggers to determine if the definition of change in control therein has the intended result. Last year, a federal court considered whether a "change in control"...

ARBITRATION—S.D. Ohio: Valid arbitration agreement existed where contract specified parties would agree on neutral arbitrator
January 19, 2022
Nicole D. Prysby, J.D.

Because the FAA empowers courts to appoint an arbitrator where an otherwise enforceable arbitration agreement lacks one, the fact that the agreement did not identify a neutral arbitrator or organization did not render it invalid. A valid agreement to...

DISCRIMINATION—AGE—9th Cir.: Quest Diagnostics courier’s age bias, other claims revived
January 19, 2022
Brandi O. Brown, J.D.

Taken together, said the court, the employee presented sufficient evidence to defeat summary judgment on the issue of pretext. In an unpublished opinion, the Ninth Circuit revived the FEHA age discrimination claim of a Quest Diagnostics courier who w...

DISCRIMINATION—N.D. Ill.: Evidence Muslim pharmacist was fired for medication errors he may not have made supports Title VII claims
January 19, 2022
Kathleen Kapusta, J.D.

His failure-to-accommodate claim based on the denial of a requested prayer break failed, however, for lack of an adverse action. Denying summary judgment against the Title VII disparate treatment claims of a hospital staff pharmacist who alleged his ...

STATE-LAW CLAIMS—9th Cir.: Montana high court asked to clarify termination grounds requirement in wrongful discharge action
January 19, 2022
Nicole D. Prysby, J.D.

The court certified the question of whether in a state-law action for wrongful discharge, an employer may defend a termination solely for the reasons given in a discharge letter. The Ninth Circuit held that the disposition of a Charter Communications...

AGENCY NEWS—CMS updates deadlines for compliance with health care vaccine mandate
January 19, 2022
Sheila Lynch-Afryl, J.D., M.A.

The only state not currently subject to the mandate is Texas. Health care workers in the 24 states where the U.S. Supreme Court reinstated CMS’ vaccine mandate must have their first shot by February 14 and be fully vaccinated by March 15, according t...

EEOC NEWS—Disability discrimination suits settle for $181K; sexual harassment, pay discrimination cases filed
January 19, 2022
Jonathan Anderson

In separate developments, the EEOC settled three suits alleging disability discrimination and filed two new suits alleging sexual harassment and pay discrimination. The EEOC separately announced the settlement of disability discrimination allegations...

NLRB NEWS—Board taking another look at confidentiality requirements in mandatory arbitration agreements
January 19, 2022
Pamela Wolf, J.D.

Should the Board abrogate the decision in Anderson Enterprises , where it overruled its earlier decision in February 2016 in Ralphs Grocery Company ? The National Labor Relations Board has invited parties and amici to file briefs on whether the Board...

OSHA NEWS—Agency imposes $280K in penalties on three companies for safety violations
January 19, 2022
Glenn Borst, J.D., LL.M.

The workplace safety agency issued citations to three businesses for failing to protect workers from COVID-19, workplace violence, and electrical and other safety hazards. OSHA has issued citations to three businesses for violating safety laws: One c...

Labor & Employment Law

TOP STORY—4th Cir.: Railroad’s medical records requests regarding engineer’s use of amphetamines and codeine did not violate ADA

The requests were consistent with business necessity because federal safety regulations required the railroad to inquire into employees’ use of controlled substances. Affirming a district court’s grant of summary judgment in an employer’s favor on a ...

TOP STORY—4th Cir.: Railroad’s medical records requests regarding engineer’s use of amphetamines and codeine did not violate ADA
EXPERT INSIGHTS—Departments issue guidance addressing coverage of over-the-counter COVID-19 tests
January 18, 2022
Katie Bjornstad Amin, Jon Breyfogle & Lisa Campbell, Christine L. Keller, Tamara Killion, Seth Perretta, Christy Tinnes & Jessica Winslow

Plans and issuers must cover OTC COVID-19 tests that meet the statutory criteria under the FFCRA and CARES Act, which now includes OTC tests obtained without an order or individualized clinical assessment by a health care provider. On December 2, 202...

EXPERT INSIGHTS—Well, that escalated quickly
January 18, 2022
Matthew Gilley

One unpleasant aspect of managing employees is that from time to time, you have to handle people who, for reasons good or ill, don't have as tight a grip on their horses as they should at that moment I am still agog at the Antonio Brown situation sev...

DISCRIMINATION—DISABILITY—C.D. Ill.: Employee fired after calling out with fever, COVID-19 exposure can’t advance ADA claim
January 18, 2022
Brandi O. Brown, J.D.

Her allegations did not support a conclusion that her fever was disabling and she did not actually have COVID. A medical center employee who was fired upon her return from work after having been told not to report due to fever and COVID-19 exposure f...

DISCRIMINATION—RACE—M.D. Fla.: Biracial officer failed to show requested resignation was based on interracial romantic relationship
January 18, 2022
Kathleen Kapusta, J.D.

The sheriff claimed he asked the officer to resign because he lost confidence in him based on how he handled two incidents, not because of his relationship with a white employee. Rejecting the assertion by a biracial sheriff’s captain that he was for...

LABOR—BARGAINING—N.D. Tex.: Dispute whether railway employees can be required to drive to and from trains ‘minor’
January 18, 2022
Ronald Miller, J.D.

Because the plain language of the parties’ CBA required that transportation be provided, it was arguable that providing a company vehicle to be driven by road-service employees satisfied BNSF’s obligations. The question of whether a railway employer ...

PROCEDURE—S.D. Cal.: Pre-enforcement review denied for California’s independent contractor statute
January 18, 2022
Thomas K. Lauletta, J.D.

The court lacked jurisdiction because the plaintiffs’ claims were not ripe under Article III and failed the prudential component of the ripeness doctrine. The district court in California refused to provide a pre-enforcement review of California’s st...

TORT CLAIMS—N.D. Tex.: Defamation claim goes forward based on employer’s statement that employee was a ‘thief’
January 18, 2022
Nicole D. Prysby, J.D.

A reasonable juror could find the statement that the employee was a thief—made before any investigation and to a resident of the apartment complex where the employee worked—was negligent or reckless. One defamation claim brought by an employee termin...

WAGE-HOUR—OVERTIME—W.D. La.: Design specialist was not entitled to FLSA overtime pay
January 18, 2022
Thomas K. Lauletta, J.D.

The employee was a highly paid individual whose duties came within the FLSA overtime pay exemption for “white collar” employees. The federal district court in Louisiana granted an employer’s motion for summary judgment against an employee’s claim his...

AGENCY NEWS—Omaha railcar cleaning company and owners sentenced for violating worker safety, environmental laws resulting in deaths
January 18, 2022
WK Editorial Staff

Due to their misrepresentations and violations of federal law, the prosecutors explained, two workers died and another was injured as a result of an explosion. Owners of Nebraska Railcar Cleaning Services LLC (NRCS) were sentenced for willful violati...

SUPREME COURT NEWS—Court will take up case of high school coach who wants prayer on football field
January 18, 2022
WK Editorial Staff

A high school coach attempts to pit the free exercise clause against the establishment clause in a long-running dispute that has now landed squarely in front of the High Court. In an order list issued on Friday , the U.S. Supreme Court has agreed to ...

Labor & Employment Law

TOP STORY—1st Cir.: Out-of-state ‘opt-in’ plaintiffs survive motion to dismiss for lack of personal jurisdiction

The Supreme Court’s ruling in Bristol-Myers had no bearing on a district court’s exercise of personal jurisdiction over the opt-ins because the employee’s suit was brought in federal court pursuant to the FLSA’s provisions governing collective action...

TOP STORY—1st Cir.: Out-of-state ‘opt-in’ plaintiffs survive motion to dismiss for lack of personal jurisdiction
LABOR PULSE—The Eyes of America Will Be on the International Longshore & Warehouse Union This Month. Try Not to Blink
January 14, 2022
Dr. Jim Castagnera, Esq.

In this month’s Labor Pulse, Jim Castagnera warns readers to “brace for a real brouhaha.” This month, Dr. Castagnera considers upcoming ILWU negotiations in the context of the pandemic, recent gains by workers, concerns about the supply chain, and in...

NOTE TO SUBSCRIBERS
January 14, 2022

Labor & Employment Law Daily will not publish Monday, January 17, due to the Martin Luther King, Jr. Day holiday. We will resume publication on Tuesday, January 18, with the extensive coverage you’ve come to expect. Info

EXPERT INSIGHTS—Supreme Court Strikes Down OSHA’s Vaccine ETS: An Employer’s 6-Step Priority List
January 14, 2022
Megan L. Janes & Emily N. Litzinger, Todd B. Logsdon, Richard R. Meneghello, J. Hagood Tighe, A. Kevin Troutman, Travis W. Vance & Kristin R.B. White

There is an unlikely chance that the Sixth Circuit Court could determine that the rule is valid and breathe new life into it sometime in the coming weeks and months. The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the forese...

EXPERT INSIGHTS—The NLRB Telegraphs the First of Many Knockouts of Trump Board Decisions
January 14, 2022
Jennifer Mora & Paul Galligan

Given President Biden’s promise to be the “strongest labor President you have ever had,” employers should anticipate the Board either returning to Obama-era standards or adopting new standards that are even more labor friendly. As we previously repor...

DISCRIMINATION—SEX—D.S.C.: University women’s volleyball coach advances sex bias, unequal pay suit
January 14, 2022
Brandi O. Brown, J.D.

She contends that male coaches and teams are treated better when it comes to scheduling time on the courts, pay, and contract length, among other things. Over objections, a federal district court in South Carolina adopted a magistrate’s report and re...

DISCRIMINATION—SEXUAL HARASSMENT—D.N.J.: Train engineer detained in room by male coworkers advances Title VII claims
January 14, 2022
Kathleen Kapusta, J.D.

The employee alleged that she was taken to a small room by two male coworkers under a false pretense, the door was blocked, she was not allowed to leave for some time, and when she tried to call for help, one of the coworkers touched her breast and h...

PROCEDURE—U.S.: Supreme Court stays injunctions that barred enforcement of CMS vaccine mandate
January 14, 2022
Sheila Lynch-Afryl, J.D., M.A.

According to the Court, ensuring that providers take steps to avoid transmitting a “dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm.” The U.S. Supreme Court, ruling 5-4, has ...

SAFETY—11th Cir.: Employer lacked actual knowledge that employee washing dock required a personal flotation device
January 14, 2022
Nicole D. Prysby, J.D.

OSHA cited the employer after an employee pressure washing its boat dock fell off the dock and drowned, but the appeals court vacated the citation. An employer did not have actual knowledge that pressure washing its boat dock required the use of pers...

WAGE-HOUR—WORKING TIME—E.D. Pa.: Employees survive employer’s summary judgment motion regarding time spent logging into computers
January 14, 2022
George Basharis, J.D.

Employees booting up was their computers was akin to preparing a tool that must be used throughout the workday. Pre-shift time spent by employees of an applicant screening firm logging into the company’s computers and work programs was compensable un...

WORTH NOTING—Recent developments involving race discrimination
January 14, 2022
WK Editorial Staff

A roundup of recent decisions involving race discrimination claims of interest to the labor and employment law community. 11th Cir.: Pharmacist failed to show pretext on race, age discrimination claims. A Walmart pharmacist sued the company alleging ...

DOL NEWS—WHD recovers $500K-plus for 204 workers over FLSA, H-2A violations
January 14, 2022
Nicole L. Chaney, J.D.

The agency also assessed nearly $50K in civil penalties. The DOL’s Wage and Hour Division (WHD) has separately announced awards totaling combined monetary recovery of $502,953 in back wages and liquidated damages for 204 workers and an additional $49...

FEDERAL REGULATIONS—Substantial penalty increases at OSHA for 2022
January 14, 2022
Pamela Wolf, J.D.

The agency’s continuing violation penalty for failure to abate will jump from $13,653 per day to $14,502 per day. The Department of Labor has published a final rule that adjusts for inflation the civil monetary penalties it assesses or enforces pursu...

OSHA NEWS—Agency finds workers put at risk by their employers, fines companies $40K
January 14, 2022
Glenn Borst, J.D., LL.M.

Two workers died and others were put at risk in three separate instances, after their employers failed to follow required safety precautions and procedures. OSHA found safety violations following investigations in three cases. A federal helium enrich...

SENATE NEWS—HELP Committee advances DOL, other labor and employment nominees
January 14, 2022
Pamela Wolf, J.D.

David Weil’s nomination for Administrator of the Wage and Hour Division and Javier Rodriguez’s nomination for Assistant Secretary for Employment and Training barely made it through the committee. On January 13, 2022, the Senate Health, Education, Lab...

SURVEYS—U.S. employers ‘again’ boosting 2022 pay raises, WTW survey finds
January 14, 2022
WK Editorial Staff

“There’s a great reprioritization of work, rewards and careers under way, and it’s putting significant pressure on compensation programs for many employers.” Fueled by tight labor markets, U.S. employers are boosting their original salary increase pr...

Labor & Employment Law

TOP STORY—U.S.: OSHA large employer COVID vaccine mandate stayed

Ordering 84 million Americans to either obtain a COVID-19 vaccine or undergo weekly medical testing at their own expense, is a “significant encroachment into the lives—and health—of a vast number of employees.” Finding that the states, businesses, an...

TOP STORY—U.S.: OSHA large employer COVID vaccine mandate stayed
EXPERT INSIGHTS—The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2021 (And Our Annual EEOC Enforcement Report)
January 13, 2022
Gerald Maatman Jr. & Christopher J. DeGroff, Matthew Gagnon & Sarah K. Bauman

FY 2021 represented a return to form for the EEOC following a year of transition, stemming from significant changes to many of its programs in the midst of the global COVID-19 pandemic and significant leadership changes. Seyfarth Synopsis: As 2022 be...

EXPERT INSIGHTS—Three Wage and Hour Predictions For 2022: Pay Incentive Class Actions, Cryptocurrency Pay, And Multistate Class Actions
January 13, 2022
Jesse R. Dill

Employers that consider employee inquiries about receiving compensation in cryptocurrency may want to consider whether and how any payments may be regulated by the Fair Labor Standards Act (FLSA) or state laws. With the calendar having turned to 2022...

DISCHARGE—N.D. Ill.: Hospital worker mostly defeats bid to dismiss claims over alleged COVID-19-related firing
January 13, 2022
Marjorie Johnson, J.D.

The employee claimed she was terminated while she was at home complying with a city ordinance which provided that anyone with flu-like symptoms should not go into their workplace until symptom-free for at least 72 hours. A hospital employee who claim...

DISCRIMINATION—AGE—W.D. Pa.: Employee terminated in workforce reduction defeats summary judgment
January 13, 2022
Victoria Moran, J.D., M.H.A.

Inconsistencies regarding the employer’s knowledge of the workforce consolidation, identity of decisionmakers, and lack of documentation of the employee’s performance history leave genuine issues of material fact regarding pretext. A patient experien...

DISCRIMINATION—DISABILITY—W.D. La.: Employer not required to provide indefinite leave to manager with epilepsy
January 13, 2022
Marjorie Johnson, J.D.

The employee was medically unable to return to her former position and had already been allowed to extend her return-to-work date at least three times during her more than six months of FMLA and non-FMLA leave. An employer was granted its motion for ...

DISCRIMINATION—E.D. Pa.: Female Penn professor denied tenure moves toward trial with suit over sex and familial status bias
January 13, 2022
Brandi O. Brown, J.D.

She contends that she was discriminated against based on her gender during the tenure review process, in which participants failed to consider her childcare leave, and that she was subjected to retaliation after complaining about it. Inconsistencies,...

EMPLOYEE LEAVE—N.D. Ill.: Employee not allowed to return after positive COVID test advances EPLSA, FMLA claims; ADA claim dismissed
January 13, 2022
George Basharis, J.D.

The employee alleged claims against her glass products producer employer for unpaid sick leave and retaliation in relation to her positive COVID-19 test and resulting self-quarantine. An employee who tested positive for COVID-19 and was required by a...

LABOR—NLRB WEEKLY SUMMARY—Weekly summary of NLRB decisions
January 13, 2022
WK Editorial Staff

The Summary of NLRB decisions for the week of January 3 – 7, 2022 is now available on the NLRB’s website. The summary can be accessed by clicking this link . Cases: AgencyNews Labor NLRBWeeklySummary

PENSION AND BENEFIT PLANS—U.S.: ‘Dual-status military technician’ can’t avoid reduction in Social Security benefits by windfall provision
January 13, 2022
Ronald Miller, J.D.

The plaintiff’s civil-service pension payments fall outside the Social Security Act’s uniformed-services exception because they are based on service in his civilian capacity. A federal employee, who served as a “dual-status military technician,” coul...

PROCEDURE—D. Col.: Individuals seeking exemption from vaccination had right to file pleadings under pseudonyms
January 13, 2022
Jeffrey H. Brochin, J.D.

Applying balancing criteria, employees had a substantial privacy right in protecting against public knowledge of their identities that outweighed the presumption of openness in judicial proceedings, allowing them to proceed via pseudonyms. A federal ...

REMEDIES, DAMAGES—D.R.I.: Rhode Island healthcare workers’ bid to enjoin enforcement of state’s COVID-19 mandate nixed
January 13, 2022
Kathleen Kapusta, J.D.

“Courts in this country have held for over a century that mandatory vaccination laws are a valid exercise of a state’s police powers, and such laws have withstood constitutional challenges.” Refusing to enjoin enforcement of an emergency regulation i...

TRADE SECRETS—N.D. Ill.: Bank fails to sufficiently plead trade secret misappropriation against former employees
January 13, 2022
Kevin M. Finson, J.D.

A claim of trade secret misappropriation was insufficient without allegations of fact to show actual use of the allegedly misappropriated customer list. A bank which claimed its employees took customer lists to a competitor failed to plead misappropr...

WAGE-HOUR—CLASS ACTIONS—Other litigation developments
January 13, 2022
WK Editorial Staff

A roundup of court actions granting conditional certification of FLSA collective actions and/or certification of Rule 23 class actions of interest to the labor and employment community. Temporary worker employed by a staffing company assigned to work...

WHISTLEBLOWERS—9th Cir.: Employee’s procedural due process claim against officials of state agency for botched whistleblower investigation revived
January 13, 2022
Ronald Miller, J.D.

Nevada’s protection against discharge or discipline for safety and health whistleblowers created a legitimate entitlement to protection from negative employment consequences for making OSHA complaints, and so a property interest. An employee of a med...

AGENCY NEWS—EEOC and OFCCP launch hiring initiative to help advance equal employment opportunities
January 13, 2022
Pamela Wolf, J.D.

To commemorate Martin Luther King, Jr. Day and launch the initiative, the two agencies will hold a virtual public roundtable on January 19, 2022, at 2 pm ET. The EEOC and the Office of Federal Contract Compliance Programs (OFCCP) have launched a join...

DOL NEWS—New guidance explains parameters of $15 minimum wage requirement for government contracts
January 13, 2022
Pamela Wolf, J.D.

After January 1, 2024, tipped employees on covered EO 14026 contracts must be paid no less than the full applicable EO minimum wage rate; contractors will not be able to claim a tip credit for covered federal contract work. On January 13, the DOL’s W...

HOUSE NEWS—Lawmakers press President Biden to make OSHA’s healthcare ETS permanent
January 13, 2022
Pamela Wolf, J.D.

“We are in desperate need of a continued strong, enforceable standard to provide full protections for these workers for the duration of the pandemic,” the lawmakers wrote in a letter. Congresswoman Debbie Dingell (D-Mich.), leading 115 Members of Con...

LITIGATION NEWS, TRENDS—MLB faces ‘monopsony cartel’ class action alleging wage-hour, antitrust violations
January 13, 2022
Glenn Borst, J.D., LL.M.

The major leagues allegedly violated federal minimum wage and fair labor practice laws, antitrust laws, and Puerto Rican wage laws in their employment of minor league players. Minor league baseball players filed a class action lawsuit against the 30 ...