Super User

Super User

The U.S. Supreme Court has ruled that service advisers are salesmen and therefore exempt from overtime requirements, pursuant to federal law (the Fair Labor Standards Act).

The Ninth Circuit Court of Appeal has ruled that salary history cannot be used to justify paying less to women in comparable jobs.

The U.S. Supreme Court, in Digital Reality Inc. v. Somers, has narrowed the definition of "whistleblower." The case involves Paul Somers, who was the Vice President at Digital Realty Trust, Inc., from 2010 to 2014. During this time he filed reports to senior management about possible securities law violations by the company. Digital Realty eventually terminated Somers, and he filed suit in the U.S. district court for California, alleging that Digital Realty terminated him for his reports of securities law violations in violation of the anti-retaliation protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Dodd-Frank was passed in 2010 following the 2008 financial crisis and expanded the whistleblower incentives and protections under the 2002 Sarbanese-Oxley Act. The district court held Somers was a “whistleblower” under the statute, and the Ninth Circuit affirmed the district court’s decision on behalf of Somers. Digital Realty subsequently appealed to the Supreme Court on the grounds that Somers was not a “whistleblower” as defined by Dodd-Frank because Somers did not report his concerns to the Securities and Exchange Commission (SEC) before he was terminated. On January 21, 2018, the U.S. Supreme Court issued its decision, overturning the 9th Circuit by holding that Somers was not a “whistleblower” as defined by Dodd-Frank, because he did not first report his claims to the SEC. Read more here.  

Federal immigration agents raided 77 businesses in Northern California this week, demanding proof that their employees are legally allowed to work in the United States, officials said.

The U.S. Equal Employment Opportunity Commission (EEOC) has completed its mailing of the 2017 “EEO-1 Survey Notification Letters” to employers.

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that 84,254 workplace discrimination charges were filed with the federal agency nationwide during fiscal year (FY) 2017.

In a 3-2 decision involving The Boeing Company, the National Labor Relations Board overruled Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), which articulated the Board’s previous standard governing whether facially neutral workplace rules, policies and employee handbook provisions unlawfully interfere with the exercise of rights protected by the National Labor Relations Act (NLRA).

Alex Kozinski, a high-profile federal judge, has retired following sexual harassment accusations from at least 15 women.

According to a class action lawsuit filed in federal court in San Francisco, by the Communication Workers of America, thirteen companies including T-Mobile US, Amazon, Inc., and Cox Communications Inc., imposed age limits on who could see recruitment ads, allegedly limiting some only to people younger than 38.

In a 3-2 decision, the National Labor Relations Board has overruled the Board’s 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and returned to the pre–Browning Ferris standard that governed joint-employer liability.  

 

Therefore, in all future and pending cases, two or more entities will be deemed joint employers under the National Labor Relations Act (NLRA) if there is proof that one entity has exercised control over essential employment terms of another entity’s employees (rather than merely having reserved the right to exercise control) and has done so directly and immediately (rather than indirectly) in a manner that is not limited and routine.

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