Labor & Employment Law Daily Wrap Up
- TOP STORY—9th Cir.: Employers may count both ‘on and off weeks’ against a rotational schedule employee’s FMLA leave entitlement
- NOTE TO SUBSCRIBERS
- DISCRIMINATION—DISABILITY—7th Cir.: LPN who suffered severe injuries in car accident not qualified individual
- DISCRIMINATION—DISABILITY—E.D. Mich.: Telling employee with driving restriction to find another way to get to work not an ADA accommodation
- DISCRIMINATION—E.D.N.Y.: Instigation of disciplinary action neither adverse employment action nor causally related to administrative charge
- DISCRIMINATION—RACE—N.D. Ala.: No evidence reassignment of white officers to ‘utility beats’ was motivated by race
- EMPLOYEE LEAVE—3d Cir.: Employee’s failure to report absences in accordance with Hospital’s policy was legitimate grounds for termination
- EMPLOYEE STATUS—Cal. Sup. Ct.: Dynamex decision applied retroactively in determination of employee status
- LABOR—UNFAIR LABOR PRACTICES—NLRB: Employer lawfully paid statutory amount for Christmas bonuses rather than apply CBA formula
- WAGE-HOUR—WORKING TIME—9th Cir.: California’s meal and rest break rules preempted by federal law
- DOL NEWS—WHD opinion letters discuss FLSA ‘establishment’ exemption, tip pools, tipped worker OT pay calculation
- EEOC NEWS—Allegations of age-related medical exams, sexual harassment, and retaliation resolved
- LITIGATION NEWS, TRENDS—SEC sued over changes to whistleblower program
- STATE LEGISLATION—DISTRICT OF COLUMBIA—Near-total ban on worker noncompetes signed by Mayor Browser
- SURVEYS—Study finds sexual harassment claims by less feminine women perceived as less credible
- WHITE HOUSE NEWS—President-elect wants to increase pandemic paid leave, boost minimum wage to $15
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