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    • RETALIATION—5th Cir.: Chief’s ‘stacking bodies’ remark supports revival of discharged university police officer’s retaliation claim
    • ARBITRATION—D.N.M.: Employer’s motion to compel arbitration of ADA claims denied absent enforceable contract
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    • DISCRIMINATION—RACE—N.D. Ind.: Purdue defeats race bias claims over executive’s discipline
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    • DISCRIMINATION—S.D.N.Y.: Mark Morris dancer, its sole Black female company member, advances bias claims
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    • EXPERT INSIGHTS—Massachusetts Supreme Judicial Court Holds Oral Arguments in Important Noncompete Case
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    • EXPERT INSIGHTS—Walking to Lunch on Break? DOL Says That May Be the Employee’s Time, Not the Company’s
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    • IMMIGRATION NEWS—White House orders greater H-1B scrutiny for employers with recent layoffs
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    • INDUSTRY NEWS, TRENDS—California order targets AI oversight, explores frontier-model kill switch
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    • LABOR—NLRB WEEKLY SUMMARY—Weekly summary of NLRB decisions
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    • LABOR—UNFAIR LABOR PRACTICES—7th Cir.: Seventh Circuit affirms denial of Section 10(j) injunction absent ‘extraordinary’ harm showing
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    • LITIGATION NEWS, TRENDS—State attorneys general issue multistate guidance on antidiscrimination protections
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    • REMEDIES, DAMAGES—6th Cir.: Trade-secret injunction vacated against former executive, contractor
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    • STATE LEGISLATION—CALIFORNIA—Golden State enacts community college pilot program to help creative workers adapt to AI
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    • WAGE-HOUR—OVERTIME—S.D.N.Y.: IBM executive assistants didn’t qualify as exempt administrative employees
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    Labor & Employment Law Daily Wrap Up, WAGE-HOUR—OVERTIME—S.D.N.Y.: IBM executive assistants didn’t qualify as exempt administrative employees, (Sep 21, 2026)

    Law Firms Mentioned:Jones Day | Virginia & Ambinder
    Organizations Mentioned:IBM | International Business Machines Corporation | Jones Day, LLP

    By Ronald Miller, J.D.

    “To establish liability under the FLSA on a claim for unpaid overtime, a plaintiff must prove [1] that he performed work for which he was not properly compensated, and [2] that the employer had actual or constructive knowledge of that work.&#x ...

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