House Republicans Ask Obama Agencies to Cease Rulemaking

House Republicans, led by Majority Leader Kevin McCarthy (R.-Calif.), have sent letters to the heads of all federal agencies asking that they cease issuing rules during the lame-duck last two months of the Obama administration. The House members also intend to pass a bill forbidding rulemaking until the new president is sworn in. The White […]

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Labor Law Compliance Pre-Assessment Available for Companies Seeking Federal Contracts

With a final rule taking effect Oct. 25 requiring companies seeking federal contracts of $500,0o0 or more to reveal any of 14 labor law violations they’ve committed within the past three years, the Department of Labor (DOL) has launched a pre-assessment program. The new disclosure requirement derives from President Obama’s Fair Pay and Safe Workplaces […]

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MLB Minor Leaguers Strike Out on Minimum Wage Lawsuit

A federal judge has decertified the collective of former minor league players suing Major League Baseball (MLB) over minimum wage claims, and he has also denied their certification as a class action. Lawyers representing the former minor leaguers vowed to appeal. U.S. Magistrate Joseph Spero of the Northern District of California made the ruling July […]

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WHD Administrator Issues Joint Employer Interpretation

Wage and Hour Division (WHD) Administrator David Weil yesterday issued guidance on joint employers that will allow more employees to fall under the protections of the Fair Labor Standards Act (FLSA), advising: “When two or more employers jointly employ an employee, the employee’s hours worked for all of the joint employers during the workweek are aggregated and […]

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DOL Releases Guidance on State-Run IRA-Like Retirement Plans

Nearly 70 million workers lack access to an employer-sponsored retirement plan. Many states are seeking ways to expand savings options for these workers. It is against this backdrop that the Department of Labor (DOL) has published a notice of proposed rulemaking and an interpretive bulletin meant to guide states as they create programs that help […]

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Death Knell for Uber Next June?

A federal judge in California has set June 20, 2016, as the date to hear a class-action lawsuit challenging ride-sharing service Uber and its driver classification as independent contractors. The lawsuit seeks full employee status with wages, overtime and other labor law rights for Uber drivers who haven’t signed a waiver. The case, O’Connor v. Uber, […]

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NCAA Wins and Loses on Pay for College Athletes

As a result of a lawsuit brought by former UCLA basketball star Ed O’Bannon, college athletes will now enjoy expanded coverage of expenses, but not the $5,000 payment for use of their images that U.S. District Judge Claudia Wilken ordered in 2014. That’s the ruling by the 9th U.S. Circuit Court of Appeals this week in […]

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California Protects NFL Cheerleaders’ Wage and Overtime Rights

The San Diego Chargers of the National Football League (NFL) reportedly pay their cheerleaders $75 per game and nothing for rehearsal time, but that will stop in January when a new California law will force teams to adhere to state and federal labor laws regarding minimum wage and overtime. Already, four teams have lost court […]

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DOL Delays Enforcement of Home Care Worker Wage and Overtime Rule

The Department of Labor (DOL) Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to home care workers employed by third-party providers, had an effective date of Jan. 1, 2015. The department has not begun enforcement of the Final Rule both because of its previously announced time-limited non-enforcement policy and because it […]

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Silicon Valley Collusion Results in $415 Million Settlement

Led by the late Steve Jobs, several Silicon Valley high-tech firms, including Apple and Google, conspired to prevent their employees from jumping to another company for higher wages. Employees filed a class action lawsuit in 2011, and yesterday were rewarded with a $415 million settlement, about $5,800 per worker. That’s far less than the $3 […]

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