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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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