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Worker Protections Found in the Fair Labor Standards Act Turn 85
On October 24, 1938, six years after it was initially introduced by Senator Hugo Black of Alabama, the Fair Labor Standards Act (“FLSA”) became federal law. The Act established a federal minimum wage, employer record-keeping requirements, the eight-hour workday/40-hour workweek, and overtime pay requirements. It also established laws against “oppressive child labor.”
October 24, 2023
CSRA Safeguards Important Rights for Federal Workers
October 13 marks the anniversary of the enactment of the Civil Service Reform Act of 1978 (“CSRA”), a federal personnel law designed to protect federal employees from unfair or unwarranted employment practices and to create a fair workplace for them.
October 13, 2023
Steel Company to Pay Male Employees who Were Denied Paid Parental Leave
Steel manufacturer Gerdau MacSteel, Inc. has agreed to pay $6,000 to each non-union male employee who was prevented from taking paid paternity leave after the birth of a child between August 30, 2019, and December 31, 2022.
October 10, 2023
Texas Jury Awards Nearly $2.5 Million to Disabled Veteran in Disability Discrimination Case
On October 2, 2023, a Texas jury found that the Texas Department of Public Safety discriminated against a disabled veteran based on his disability stemming from his military service.
October 05, 2023
FLRA Establishes New Standard for Assessing Whether Arbitration Decisions Finding CBA Violations Impermissibly Interfere with Management Rights
On September 26, 2023, the FLRA issued a decision laying out a revised standard for determining whether an arbitrator’s award impermissibly interferes with management rights, CFPB & NTEU, Chapter 355, 73 FLRA 670 (Sept. 26, 2023). The decision—issued by a bipartisan FLRA that is currently comprised of two members—overturns a Trump-era decision that had been in place since 2018.
October 03, 2023
Maryland Updates Wage Thresholds for Non-Compete Agreements – Cloned
Maryland has long disfavored agreements that limit economic competition, so-called “non-compete” and “conflict of interest” agreements. Such agreements are banned in Maryland for workers making less than $15 per hour (or $31,200) per year since 2019.
September 27, 2023
MGM Resorts Regains Control of Its Networks and Data, 10 days after Hackers Breached Them
On September 10, 2023, MGM Resorts detected a breach of its network and data. In the ensuing 10 days, its operations were disrupted as a gang of hackers held its network for ransom. This led to disruption of the company’s ability to manage an array of resort and casino services, including managing booking for its hotel, dining, entertainment, pool, and spa services.
September 26, 2023
Claims 401(k) Plan Violated ERISA by Selecting Poorly Performing Funds Due to Low Cost Can Proceed
In the first of multiple cases containing similar allegations, a federal district court has concluded that 401(k) participant may litigate their claims that their employer, Genworth Financial, Inc., violated the Employee Retirement Income Security Act (“ERISA”) by making low-cost BlackRock LifePath Index Funds date funds their default investment options, despite allegedly low performance.
September 21, 2023
Bartender’s Wage Claims against District Winery LLC Permitted to Proceed
Brendan Harrington, a former bartender at District Winery in Washington, DC, filed suit on behalf of himself and similarly situated servers and bartenders against the restaurant, as well as its two founders and owners, for violations of the Fair Labor Standards Act (FLSA) and the District of Columbia Minimum Wage Act (DCMWA).
September 19, 2023
Ninth Circuit rejects Nevada city’s push to enforce arbitration agreement in a CBA
The Ninth Circuit Court of Appeals recently reviewed an appeal from the City of Sparks, Nevada appealing the decision by the lower court to not enforce an arbitration agreement within a Collective Bargaining Agreement. In Forbush v. City of Sparks, Civil Action No. 22-15079, the plaintiff alleged that his employer retaliated against him because he engaged in conduct protected by the First Amendment.
September 14, 2023
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