TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW:  NUMBER 7 – CLASS ACTION WAGE & HOUR WIN FOR EMPLOYERS Employers of Commissioned and Piece-Rate Employees: Pay Minimum Wage for Every Hour Worked With No Later “Clawback” and You May Be in the Clear When the California Wage Orders say that rest breaks…

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Seeking another route to reverse a key decision of the Obama-era National Labor Relations Board (“NLRB” or the “Board”), the current Board has proposed a new administrative rule for determining whether an entity is a “joint employer.” The key to this new test is that an entity controls the “essential terms and conditions” of an…

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Category: NLRB,

It has been a busy few weeks in the federal courts regarding the development of gay and transgender employment discrimination law. On March 7, 2018, the Sixth Circuit held that Title VII’s prohibitions on sex discrimination include discrimination based upon transgender status, and further dismissed the notion that otherwise illegal discrimination can be summarily exempted…

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Today, in a memo to all U.S. Attorneys and heads and federal agencies, Attorney General Jeff Sessions stated that Title VII of the Civil Rights Act of 1964, as a matter of law, does not prohibit employment discrimination against transgender persons.  The Attorney General stated in his letter that there was no intent or effect…

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As we previously blogged here and here, the Obama Administration, through the U.S. Department of Labor (“DOL”) as well as the National Labor Relations Board (“NLRB”), made it clear early and often that it was going to take an active role in reshaping the landscape of employment and independent contractor relationships. Notably, in the Browning-Ferris…

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