4th Circuit: Employee’s toe condition was not a disability under the ADA

The employee failed to show the arthritis in his big toe had a substantial impact on his ability to walk, the court said.

By Laurel Kalser • Aug. 30, 2023

DOL proposes $55K overtime rule threshold, automatic 3-year updates

An estimated 3.6 million U.S. workers would become eligible for overtime pay under the proposed rule, the agency said.

By Ryan Golden • Aug. 30, 2023

Labor board clarifies legal standard for anti-union animus findings

A 2019 NLRB decision “was unnecessary and subject to misinterpretation,” the agency’s Democratic majority said Monday.

By Ryan Golden • Aug. 29, 2023

McDonald’s anti-poaching case to proceed, 7th Circuit rules

The circuit court said the case could be reconsidered as a class-action lawsuit.

By Ginger Christ • Aug. 28, 2023

EEOC sues Hooters, says North Carolina restaurant didn’t rehire Black employees

The outlet violated Title VII when it brought back mostly employees who were White or had a light skin tone months into the pandemic, the agency alleged.

By Ryan Golden • Aug. 28, 2023

NLRB: Unions can represent workers without an election

The Cemex decision is meant to dissuade employers from choosing to “abuse” NLRB’s election procedure, the board chairman said.

By Ginger Christ • Aug. 25, 2023

NLRB eases path for union elections with new rule

The reversal of Trump-era amendments is expected to cut the time from petition to election.

By Ginger Christ • Aug. 24, 2023

Dollar Tree agrees to $1.35M OSHA penalty over store safety violations

The DOL said this week that the company also would submit to open inspections and maintain a 24-hour hotline to receive safety complaints, among other concessions

By Daphne Howland • Aug. 24, 2023

NYC fast-food chains to pay $4.5M in settlement of fair workweek violations

Fair workweek laws are meant to ensure that hourly workers in targeted industries are given predictable work schedules so they can plan their lives beyond work.

By Laurel Kalser • Aug. 24, 2023

Director who performed nonexempt work for 80% of his workday ruled FLSA exempt

The amount of time spent performing certain work “can be a useful guide” in determining exempt status, but time alone “is not the sole test,” according to the FLSA’s regulations.

By Ryan Golden • Aug. 23, 2023

Customer service reps allege they’re due back pay for logging in and out of work

The pre- and post-shift tasks are indispensable to a call center employee’s job and compensable under the FLSA, a proposed collective action lawsuit alleges.

By Laurel Kalser • Aug. 23, 2023

A vintage NLRB doctrine could soon be revived, removing barriers to unionization

Under the Biden administration's NLRB, overturned board precedents are par for the course.

By Caroline Colvin • Aug. 22, 2023

Eli Lilly enters second age bias settlement in months

Plaintiffs in the most recent suit alleged that the company’s policies resulted in “disproportionate employment” of workers under age 40.

By Ryan Golden • Updated Aug. 22, 2023

New Jersey orders 27 Boston Market locations closed for wage violations

The state’s department of labor said it issued a stop-work order after receiving nearly three dozen complaints.

By Kate Tornone • Aug. 21, 2023

EEOC alleges Olive Garden asked illegal questions during a job interview

A general manager at a Pennsylvania Olive Garden allegedly asked a candidate questions about his disability, then refused to hire him based on that information.

By Ginger Christ • Aug. 17, 2023

How employers can adopt new Form I-9 remote review procedures

Daniel Brown of Fragomen, Del Ray, Bernsen & Loewy explains why some employers may feel like they are scrambling in the wake of the new rules. 

By Daniel Brown • Aug. 17, 2023

Labor Department to host compliance seminars for Davis-Bacon rule change

The agency’s updated prevailing wage regulation takes effect Oct. 23.

By Zachary Phillips • Aug. 17, 2023

How to avoid FLSA violations when requiring workers to use PTO

A recent court ruling may contain lessons for employers that would like to use workers’ PTO to cover hours not worked, writes Linda Bond Edwards, of counsel with RumbergerKirk.

By Linda Bond Edwards • Aug. 16, 2023

‘This is not like the old days’: 8th Cir. rejects employer’s time rounding argument, citing ease of accuracy

FLSA regulations allow rounding, but they also require employees be paid for all time worked.

By Kate Tornone • Aug. 16, 2023

Illinois pay transparency law mandates pay scale, benefits in job postings

The expanded pay transparency law will go into effect Jan. 1, 2025.

By Ginger Christ • Aug. 15, 2023

Jury may decide if 5-day workweek was ‘essential’ for Costco cashier

The employee had sought a 4-day workweek as an Americans with Disabilities Act accommodation.

By Laurel Kalser • Aug. 15, 2023

Can you provide sample language for our Stericycle disclaimer?

Employers should add a “robust” disclaimer to policies in light of an NLRB ruling limiting workplace civility and social media rules, experts said. Kelly Robreno Koster, partner at Bracewell, provides some sample language.

By Kate Tornone • Aug. 14, 2023

Starbucks’ ‘overbroad’ workplace civility rule enforcement overstepped NLRA, agency judge rules

On the heels of NLRB's Stericycle ruling, the ALJ said Starbucks should rescind its “How We Communicate” policy.

By Caroline Colvin • Aug. 11, 2023

NLRB says HCA Healthcare ‘unilaterally implemented’ pandemic pay program without union’s input

The NLRB ordered the hospital system to rescind its pandemic pay program.

By Ginger Christ • Updated Aug. 15, 2023

Google to pay $8.4 million in overtime settlement

The employer allegedly calculated overtime pay rates incorrectly for workers, thereby shorting staff of wages. In 2018, it paid $5.5 million to settle a different overtime suit.

By Caroline Colvin • Aug. 10, 2023