Labor & Employment Law Daily Wrap Up
- TOP STORY—9th Cir.: Company owner can’t compel Secretary of Labor to arbitrate FLSA enforcement action seeking monetary relief for ‘employees’
- ARBITRATION—E.D. Cal.: Worker must arbitrate claims of misclassification as independent contractor
- ATTORNEYS’ FEES—D.C. Cir.: District court did not err in using prevailing market rates, rather than actual rates, in calculating fee award
- DISCRIMINATION—DISABILITY—N.D. Cal.: Employer entitled to summary judgment on FEHA, CFRA claims of employee fired due to inability to work
- DISCRIMINATION—PREGNANCY—3d Cir.: Female professor can’t proceed anonymously with bias claims against university
- LABOR—ARBITRATION—S.D. Ohio: Discharge based solely on employee’s positive drug test violated provisions of parties’ CBA
- RETALIATION—11th Cir.: Third-party retaliation claims falter on causation, allowing court to pass on thornier issues
- WAGE-HOUR—OVERTIME—D.N.M.: Oilfield workers who ‘regularly’ worked ‘well in excess’ of 40 hours each week sufficiently pled a plausible overtime claim under the FLSA
- WORTH NOTING—Race discrimination cases of note
- DOJ NEWS—Rocket propulsion manufacturer to pay $37K to settle discrimination claims
- EXPERT INSIGHT—Ninth Circuit construes secondary picketing in context of shared job site
- EXPERT INSIGHT—What's your vaccination status? Key legal considerations before asking your employees about theirs
- INDUSTRY NEWS, TRENDS—Bank of America to increase employee minimum wage to $25 by 2025
- INDUSTRY NEWS, TRENDS—Workers’ rights group criticizes CDC mask guidance
- LITIGATION NEWS, TRENDS—Four Seasons’ COVID furloughs violated WARN Act, employees allege
- OSHA NEWS—After fatal accident, agency finds that construction contractors failed to identify hazards
- REPORTS—Study shows that long working hours contribute to increased risk of death, stroke
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