Unanimous Supreme Court Rules in Favor of DOL Interpretive Rule

The Supreme Court has ruled that federal agencies may issue initial and amended interpretive rules without advance notice and without soliciting commentary from interested parties. The case was Perez v. Mortgage Bankers Association (MBA). Thomas Perez is secretary of the Department of Labor (DOL), and at issue was his agency’s abrupt switch from previous interpretations […]

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Fired Workers Sue Both the Franchisee and McDonald’s Corp. for Discrimination

A group of 10 terminated McDonald’s employees in Virginia — one Hispanic and nine African-American — are suing both the local franchisee and the behemoth mother corporation for discrimination, claiming they were let go because they “didn’t fit the profile” for employees at their restaurants. The legal action filed in the U.S. District Court for […]

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DOL Delays Action on ‘White Collar’ Overtime Exemption Rule

Along with the home care worker rule, the Department of Labor (DOL) has confirmed that work on a rule redefining the exemptions from overtime pay for professional, executive, administrative, outside sales and computer employees has been delayed until next year. The department’s Semiannual Regulatory Agenda had targeted November 2014 as the goal for the redefinition, […]

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Raiders: Commitment to Back Pay

The Oakland Raiders have entered into a $1.25 million settlement, yet to be court approved, with their Raiderettes — sideline cheerleaders — over back pay. The cheerleaders filed a class action lawsuit in 2013, alleging the football team had failed to pay minimum wage and overtime as provided for under California labor law. That same year, the […]

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Elon Musk’s SpaceX Sued Under WARN Act for No-Advance-Notice Layoffs

Laid-off employees at the Space Exploration Technologies Corp. (SpaceX) in Hawthorne, Calif., are taking the Elon Musk-owned company to court over some 200-400 layoffs conducted on or about July 21. The vehicle for the lawsuit is the Worker Adjustment and Retraining Notification (WARN) Act, which mandates that companies with 100 or more employees within a […]

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Judge Rules College Athletes Own Rights to Their Names and Images

In a case brought to trial against the NCAA (National Collegiate Athletic Association) by former UCLA basketball star Ed O'Bannon, a federal judge has ruled that Division 1 football and basketball players, who were included in the lawsuit, own the rights to their names, images and likenesses. Thus the NCAA and its constituent schools can […]

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LinkedIn Hit with $6M in Unpaid Wages and Liquidated Damages

LinkedIn Corp. has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in liquidated damages to 359 former and current employees working at company branches in California, Illinois, Nebraska and New York. An investigation by the Department of Labor’s Wage and Hour Division found that LinkedIn was in violation of the overtime and record-keeping […]

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Wage-and-Hour Lawsuits Continue Their Rise

Wage-and-hour lawsuits rose 5 percent year over year during the 12-month period ending March 31, tapping out at 8,126 cases filed. This is the seventh straight yearly rise, with the increase from the year 2000 standing at 438 percent, according to data from the Federal Judicial Review Center. Fair Labor Standards Act (FLSA) lawsuits generally […]

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Federal Agencies Issue Regulatory Agendas

Quietly just before the Thanksgiving holiday, federal agencies released their upcoming regulatory agendas as required by law. Among the highlights: The Department of Labor (DOL) has issued or will issue in the next few months 24 regulations that will help implement its Plan/Prevent/Protect program, which shifts "the burden of ensuring compliance from the Department – […]

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Workplace Injuries Inch Downward, But Remain Above 3 Million Annually

This month the Bureau of Labor Statistics (BLS) revealed that both work-related injuries and illnesses and work-related fatalities continued a downward trend in 2012, though the aggregate number of incidents remains stuck above 3 million per annum. The overall incidence rate was 3.4 cases per 100 full-time workers or their equivalents in 2012. On the […]

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