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Supreme Court clarifies burden of proof in FLSA employer exemption cases

U.S. Supreme Court

In a recent decision, the U.S. Supreme Court has ruled that employers asserting exemptions under the Fair Labor Standards Act (FLSA) need only meet the “preponderance of the evidence” standard rather than the more demanding “clear and convincing evidence” standard. ...

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Executive orders issued on DEI, employment law

Diversity equity inclusion

President Donald Trump signed a series of executive orders upon beginning his term as president that will have a significant impact on diversity, equity, and inclusion (DEI) initiatives and employment law enforcement. Here is a review of the key actions: ...

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Airline settles anti-Asian discrimination case for $99,000, plus miles

United Airlines plane

United Airlines has agreed to pay $99,000 to settle a federal discrimination case involving anti-Asian harassment at its Denver catering operation. The settlement resolves allegations that the company failed to properly investigate racial harassment against a Mongolian American employee. The ...

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AI company sued for wage theft, misclassification

Artificial intelligence concept

A class action lawsuit file in San Francisco Superior Court alleges that Scale AI, a $13.8 billion AI development company, misclassified workers as independent contractors in violation of California labor laws. The complaint, filed by former worker Steve McKinney, targets ...

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California’s workplace speech law challenged in federal court

Open office interior

The California Chamber of Commerce and Restaurant Association have filed a federal lawsuit challenging a new state law that restricts employer-sponsored mandatory meetings about religious or political matters, including union organizing efforts. The law took effect January 1, 2025. The ...

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OSHA mandates proper fit for construction PPE

Construction worker at job site

OSHA has issued a final rule requiring construction industry employers to ensure personal protective equipment (PPE) properly fits workers. The regulation, which takes effect January 13, 2025, aims to enhance worker safety. The rule explicitly mandates that PPE—including hard hats, ...

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Appellate court decision narrows scope of remedies for unfair labor practices

Starbucks Coffee storefront

The 3rd U.S. Circuit Court of Appeals has vacated a portion of an NLRB order requiring Starbucks to compensate two allegedly wrongfully terminated employees for “all direct or foreseeable pecuniary harms” stemming from alleged unfair labor practices. The court ruled ...

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DHS finalizes rule to enhance H-2 Visa programs

U.S. visa

The Department of Homeland Security (DHS) has announced a final rule aimed at modernizing the H-2A and H-2B nonimmigrant visa programs. These programs allow U.S. employers to hire foreign nationals for temporary or seasonal agricultural (H-2A) and nonagricultural (H-2B) positions ...

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EEOC issues fact sheet on wearable technologies and discrimination

Fitbit wearable device

The EEOC has released a new fact sheet focused on the use of wearable technologies in the workplace. The fact sheet, entitled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” alerts ...

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NLRB contends reality show contestants are employees

Netflix on tablet screen

The National Labor Relations Board has filed a consolidated complaint against the creators of the Netflix show “Love is Blind,” alleging that cast members of the reality show are “employees” under the National Labor Relations Act. The General Counsel of ...

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