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Author Archives: New England Biz Law Update staff

Company accused of using per diem structure to avoid overtime obligations

Employee being handed paycheck

A Georgia-based aviation staffing company has been sued under the Fair Labor Standards Act and North Carolina wage law over allegations that it used a “per diem” compensation structure to avoid properly paying overtime to mechanics and technicians.

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IVF accommodation rollback could create employer confusion

Pregnant employee

A group of Democratic senators has urged the U.S. Equal Employment Opportunity Commission to retain language in its Pregnant Workers Fairness Act regulations expressly referencing in vitro fertilization and other fertility treatments, warning that removing the language could create confusion for employers and employees alike.

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Overly burdensome FMLA processes may support an interference claim

Documents flying around in the air

A federal appeals court has indicated that an employer’s administration of leave under the Family and Medical Leave Act may give rise to an interference claim where the process itself becomes overly burdensome, even if leave is not formally denied. ...

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DOJ alleges sham process excluded U.S. workers in favor of visa holders

U.S. visa

The U.S. Department of Justice has filed a complaint against a software company, alleging that it used a separate and ineffective recruiting process to deter U.S. workers from applying for certain roles while favoring foreign workers seeking permanent residency.

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Labor Department proposes nationwide joint-employer standard

Employment agreement

The U.S. Department of Labor has issued a proposed rule to clarify when multiple businesses may be considered joint employers under federal wage and hour laws, aiming to create a more consistent national standard.

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DOJ reaches first settlement tied to civil rights fraud initiative

Department of Justice seal

The U.S. Department of Justice has reached its first settlement under its Civil Rights Fraud Initiative, marking a significant step in the agency’s use of the False Claims Act to address alleged civil rights violations by entities receiving federal funds.

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Judge sends age bias claims over restructured hiring process to jury

Illustration of staff reduction

A federal court in Massachusetts has allowed age discrimination claims against a pharmaceutical company to proceed to trial, finding that a jury could conclude that the company’s interview-based rehiring process was designed in a way that disadvantaged older employees.

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