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    • DISCRIMINATION—RACE—9th Cir.: White employee revives hostile work environment claim tied to racial justice training
    • DISCRIMINATION—RELIGIOUS—7th Cir.: Hospital pharmacist, fired after refusing COVID vaccine, failed to show religious discrimination
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    • DISCRIMINATION—SEX—N.D. Ga.: Lesbian employee’s challenge to fertility benefits plan failed under Bostock
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    • EEOC NEWS—New lawsuits focus on disability discrimination, unlawful medical exams, discriminatory qualification standards
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    • EMPLOYEE LEAVE—N.D. Ga.: Employee advances FMLA, but not discrimination, claims where he was fired in RIF during leave
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    • EXPERT INSIGHTS—Beyond the Band-Aid: California overhauls employers' first aid obligations
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    • EXPERT INSIGHTS—New California law adds anti-hate speech training requirement for employers: what to know + 4 steps to take now
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    • FEDERAL REGULATIONS—USCIS announces final rule revising EB-5 fees, other provisions
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    • LOCAL LEGISLATION—CALIFORNIA—Lawmakers pass legislation preventing use of force majeure provision for labor disputes by waste service providers
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    • ON THE LABOR FRONT—NLRB preemption challenges to novel state labor laws: How have states fared in rebuffing those challenges?
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    • RETALIATION—D.S.C.: Physician’s retaliation suit against Shriners Hospital can proceed
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    • RETALIATION—N.D. Ohio: Worker fired after making threats in response to alleged groping advances retaliation claims
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    • WAGE-HOUR—EXEMPTIONS—S.D. Ohio: Court denies summary judgment regarding overtime claim as to technical consultants
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    Labor & Employment Law Daily Wrap Up, WAGE-HOUR—EXEMPTIONS—S.D. Ohio: Court denies summary judgment regarding overtime claim as to technical consultants, (Sep 29, 2026)

    Law Firms Mentioned:Jackson Lewis
    Organizations Mentioned:Jackson Lewis, PC | U.S. Department of Labor | United States Department of Labor | Washing Systems, LLC

    By Ronald Miller, J.D.

    The issue was whether making sales constitutes the primary duty of the employer’s technical consultants.

    In a suit brought by the U.S. Department of Labor alleging that an employer violated the FLSA’s overtime requirements by classifying ...

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