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Disney to Pay Millions After Deducting Employees' Wages for Costumes

XpertHR • March 22, 2017
The Walt Disney Company has agreed to pay $3.8 million in back wages to more than 16,000 employees after the US Department of Labor (DOL) found it had violated the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

Jackson Lewis P.C. • March 22, 2017
A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS (M.D. Fla. Feb. 22, 2017).

DISGORGEMENT CLAIMS CONTINUE TO CONFOUND COURTS IN ERISA CLASS ACTIONS

Jackson Lewis P.C. • March 22, 2017
Courts continue to be split over the availability of disgorgement and “accounting for profits” in ERISA class actions involving in-house investment plans. On March 3, 2017, in Brotherston v. Putnam Investments, LLC, No. 1:15-cv-13825-WGY (D. Mass. March 3, 2017), the court declined to resolve the dispute at the summary judgment stage, allowing the certified class of employees to move forward with their claim that the company should be forced to disgorge profits earned from defendant’s in-house 401k plan. Previously, the court denied defendant’s motion to dismiss this claim.

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

Franczek Radelet P.C • March 22, 2017
Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that employees perform on these tasks and pay them overtime if their total work hours go over 40 for a single week?

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected to Appeal

Fisher Phillips • March 22, 2017
On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the Ninth Circuit Court of Appeals. The new order suspends entry for nationals of six countries under a "temporary pause." The order exempts permanent residents and valid visa holders as of certain dates and times, and provides for case-by-case discretionary waivers. The order also suspends refugee travel to the United States for 120 days for those not previously admitted, subject to waivers in certain circumstances.

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Littler Mendelson, P.C. • March 22, 2017
Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client of ours recently noticed that Sarah appeared to have a “five o’clock shadow” at the end of a long day and complained to me about Sarah working on that client’s account. What is the best way to respond?

Supreme Court Rules President’s Power to Make Temporary Appointments is Limited

Jackson Lewis P.C. • March 22, 2017
Former National Labor Relations Board Acting General Counsel Lafe Solomon’s continuing to serve as Acting NLRB General Counsel after President Barack Obama nominated him to the General Counsel position violated the Federal Vacancies Reform Act of 1998, the U.S. Supreme Court has decided in a 6-2 decision. National Labor Relations Board v. SW General, Inc., dba Southwest Ambulance, No. 15-1251 (Mar. 21, 2017).

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated Him for Permanent Position

FordHarrison LLP • March 22, 2017
Executive Summary: The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barak Obama nominated him to permanently fill that position in January 2011. See National Labor Relations Board v. SW General Inc., No. 15–1251 (March 21, 2017) (6-2). According to the Court, the provisions of the Federal Vacancies Reform Act (FVRA) precluded Solomon from serving as acting General Counsel after his nomination.

5 Groundbreaking Changes in Puerto Rico Employment Law

XpertHR • March 22, 2017
“It was California on steroids,” says Littler global attorney Shiara Diloné, mincing few words about the state of Puerto Rico employment law prior to January 26, 2017. But with the stroke of his pen, Governor Ricardo Rossello appears to have changed that in signing the most comprehensive overhaul of Puerto Rico labor and employment law in 50 years.

Connecticut Supreme Court Provides Guidance on Independent Contractor Classification

Ogletree Deakins • March 22, 2017
The Connecticut Supreme Court has ruled that an individual can be considered an independent contractor even if he or she provides services to only one employer. The court’s decision, which was officially released on March 21, 2017, is important for any Connecticut business that utilizes contractor services.
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