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ten most recent federal employment law articles Ten Most Recent Federal Articles

Gig Employer Blog Court Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In New Prime Arbitration Battle

Fisher Phillips • October 17, 2019
A Massachusetts federal court just ruled that gig workers cannot escape arbitration provisions by claiming they are exempt transportation workers. The September 30 decision in Austin v. DoorDash marks the second win for gig businesses following a troubling Supreme Court ruling in January 2019 that opened the door to a possible arbitration exemption. However, there remain other federal courts that have ruled for workers on this issue, and the Massachusetts court even indicated there could have been worker victory had the fact pattern been slightly different, so companies are not out of the woods on this issue by a long shot.

Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines

Jackson Lewis P.C. • October 17, 2019
The Department of Justice Criminal Division has clarified its policy on the Department’s assessment of a company’s claim that it cannot afford to pay a criminal fine in a memorandum issued on October 8, 2019. Criminal Division department head Brian Benczkowski had previewed the memorandum during a speech in September.

Three’s Company: OSHRC’s Third Panel Seat to Be Filled Soon

Ogletree Deakins • October 17, 2019
On October 15, 2019, President Donald Trump announced his intent to nominate Cynthia L. Attwood to serve as a commissioner on the Occupational Safety and Health Review Commission (OSHRC). If confirmed by the Senate, this would be her third appointment to the Review Commission, and she would, coincidentally, fill the third seat on the three-commissioner panel.

ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge

Ogletree Deakins • October 16, 2019
Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a putative class action in the U.S. District Court for the Middle District of North Carolina under the Employee Retirement Income Security Act of 1974 (ERISA).

What Employers Can Learn From Major League To Avoid Big League Problems

Fisher Phillips • October 16, 2019
The iconic sports movie, Major League, premiered 30 years ago. Three decades later, nearly everyone remembers the classic comedic scenes with characters such as Ricky “Wild Thing” Vaughn (Charlie Sheen), Jake Taylor (Tom Berenger), Willie Mayes Hayes (Wesley Snipes), and Pedro Cerrano (Dennis Haysbert).

Department of Labor Announces Notice of Proposed Rulemaking to Expand Tip Pooling Practices for Employers

Nexsen Pruet • October 16, 2019
Last week, our firm hosted a webinar on recent developments in federal wage and hour law compliance as part of Nexsen Pruet’s Employment Law Certificate Series. The topic proved to be very timely as the U.S. Department of Labor (DOL) has been busy over the past few weeks.

Takeaways for College, University, and K-12 Leaders from Recent Harvard Race Discrimination Decision

Franczek Radelet P.C • October 15, 2019
On October 1, a federal trial court in Massachusetts upheld Harvard University’s use of race in its admissions process against a challenge that the policy discriminates against Asian-American students on the basis of race. The decision followed a long line of U.S. Supreme Court cases holding that colleges and universities may use race as a “plus factor” among many in admissions decisions.

Today’s Affinity Groups: Risks and Rewards

Littler Mendelson, P.C. • October 15, 2019
Affinity groups, also known as employee resource groups (ERGs), bring together employees with similar backgrounds or interests and can have a powerful influence in the workplace.

Sparked by US Women’s Soccer Team, 5 Steps Employers Can Take to Promote Equal Pay

XpertHR • October 15, 2019
The US Women’s National Soccer team (USWNT) became back-to-back FIFA Women’s World Cup winners this summer with their impressive run in the 2019 tournament in France. The players generated headlines both on and off the field for their swagger, their domination of other teams and their continuing fight for equal pay.

Third-Party Harassment and Discrimination: The Customer Isn’t Always Right

Jackson Lewis P.C. • October 15, 2019
As fiscal year 2019 ends for the Equal Employment Opportunity Commission (EEOC), it has announced it is pursuing several new discrimination suits, including one alleging a casino failed to protect female staffers from sexual harassment by patrons.
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