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Supreme Court Says Agreements To Arbitrate Classwide Claims Must Be Clear

The U.S. Supreme Court sided with an employer on April 24, 2019 by ruling that a worker needs to individually arbitrate his claim against the company rather than bring a classwide claim. In an arbitration agreement, employers and workers can agree in advance to have a neutral third party (an arbitrator) decide legal claims rather …

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UNITED STATES DEPARTMENT OF LABOR CIVIL MONETARY PENALTIES INCREASED

Effective Jan. 23, 2019, the U.S. Department of Labor (DOL) increased the civil monetary penalties for violating federal minimum wage, overtime, posting and safety requirements. The higher penalty amounts apply to penalties assessed after that date for Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Occupational Safety and Health Act (OSH …

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NEW YORK CITY’S NEW PAYCHECK FAIRNESS ACT

A new New York City law, set to go into effect in October, 2017, will bar employers within the five boroughs from asking job candidates about their salary history. The law is meant to address the issue of pay inequality between men and women, as well as wage discrimination against minorities.  In 2015, women earned …

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NEW YORK CITY’S NEW “FREELANCE ISN’T FREE” ACT

A new law which establishes and enhances protections for freelance workers went into effect in New York City on May 15, 2017.  This law gives freelance workers the right to (a) a written contract, (b) timely and full payment, and (c) protection from retaliation. The law establishes penalties for violations of these rights, including statutory damages, double damages, …

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FEDERAL COURT PUTS A BRAKE ON NEW OVERTIME RULES

A federal district court in Texas has issued a preliminary injunction regarding the United States Department of Labor’s (USDOL’s) new federal overtime rule.  The new rule, which is set to double the Fair Labor Standards Act’s (FLSA’s) salary threshold for employees deemed exempt from overtime pursuant to the executive, administrative, and professional exemptions, was set to go …

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EEOC ‘CAUSE’ FINDING MAY BE HARMFUL BUT DOESN’T MEAN AN AUTOMATIC LOSS

Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party ninety (90) days to file a lawsuit under one or more of the federal statutes the agency enforces – Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act …

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EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS

An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints.  Although she didn’t directly sue her supervisor, Randy Jackson, she …

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OVERVIEW OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008

             The Genetic Information Nondiscrimination Act of 2008, or GINA, prohibits covered employers, which includes all employers subject to Title VII of the Civil Rights Act of 1964, from using genetic information when making employment decisions.  Because GINA just became law a few years ago and its scope is fairly …

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NEW LAW ENTITLES MOST HOMECARE WORKERS TO MINIMUM WAGE AND OVERTIME

               A new rule taking effect January 1, 2015 means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime as set forth in the Fair Labor Standards Act (FLSA).               The …

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