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. ...
Read More »Executive orders issued on DEI, employment law
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: ...
Read More »Airline settles anti-Asian discrimination case for $99,000, plus miles
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 ...
Read More »AI company sued for wage theft, misclassification
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 ...
Read More »California’s workplace speech law challenged in federal court
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 ...
Read More »OSHA mandates proper fit for construction PPE
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, ...
Read More »Appellate court decision narrows scope of remedies for unfair labor practices
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 ...
Read More »DHS finalizes rule to enhance H-2 Visa programs
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 ...
Read More »EEOC issues fact sheet on wearable technologies and discrimination
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 ...
Read More »NLRB contends reality show contestants are employees
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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