Labor & Employment Law Daily Wrap Up
- TOP STORY—9th Cir.: California’s employee classification statute not preempted by federal law
- ARBITRATION—Cal. App.: Charter Communications wins second chance to prove online job applicant agreed to arbitration
- ARBITRATION—M.D. Fla.: Employer is third-party beneficiary of onboarding provider’s arbitration agreement with new employees
- DISCHARGE—10th Cir.: Hispanic worker fired after sexual harassment accusations failed to revive Title VII lawsuit
- DISCRIMINATION—PREGNANCY—D. Ariz.: Fire inspector may proceed with pregnancy discrimination and FMLA retaliation claims
- DISCRIMINATION—RACE—N.D. Ind.: Employer’s concern about truck driver exceeding permissible hours under FMSCA regulations supported discharge
- DISCRIMINATION—RACE—S.D. Ala.: No race bias claim for employee fired after refusing to cut dreadlocks
- LABOR—ARBITRATION—Termination of short-term flirtatious employee improper absent proof of wrongdoing
- LABOR—ORGANIZING, ELECTIONS—NLRB: Mail-ballot election at hospital facing small COVID-19 outbreak inappropriate
- LABOR—PICKETING—9th Cir.: NLRB erred in finding janitorial employees engaged in unlawful secondary picketing
- LABOR—UNIONS, UNION MEMBERS—S.D. Tex.: Injured flight attendant’s breach of contract claims fail on landing
- PROCEDURE—E.D. Mich.: Group of union members can’t intervene in union’s settlement with DOJ of corruption probe
- TRADE SECRETS—E.D. Cal.: Physical therapy provider’s former employee must face misappropriation and contract breach claims
- WAGE-HOUR—CLASS ACTIONS—D. Colo.: Cannabis security guards denied overtime get conditional certification
- AGENCY NEWS—Construction company convicted of felonies for withholding OT, failing to pay UI contributions
- DOL NEWS—Labor contractor pays $32K penalty after three farm workers killed in vehicle collision
- DOL NEWS—Pipeline inspection company pays $3.85M in overtime wages due to 1,100 workers
- FEDERAL REGULATIONS—DOL finalizes partial delay of final tip rule until December 31
- OSHA NEWS—Logistic company cited $12K penalty after one worker died from COVID-19, 23 infected
- SURVEYS—Harsh reality and uncertain future of post-pandemic work life highlights continued racial, gender discrepancies
- WHITE HOUSE NEWS—Biden’s ‘American Families Plan’ would provide 12 weeks of paid family and medical leave
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