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Painting company faces trial after firing recovering opioid addict who used prescribed methadone
Pretext was suggested by the employer’s failure to follow its own policy when it discharged the painter for purportedly failing to obtain his doctor’s verification, as well as by the decisionmaker’s...
Trucking association granted preliminary injunction barring enforcement of California AB 5
Ninth Circuit precedent shows the FAAAA likely exempts “all or nothing” state laws like AB 5 that categorically prevent motor carriers from exercising their freedom to choose between...
Arbitrator’s decision allowing collective arbitration of FLSA overtime claims upheld
The court also declined to reverse its earlier decision sending the issue to the arbitrator in the first place, refusing to reject a recent Tenth Circuit decision which had ruled that incorporation...
Servers at Denny’s franchisee may pursue minimum wage claims despite latest DOL tip guidance
Under Auer v. Robbins, courts are required to give controlling weight to an agency’s interpretation of its own regulations unless that interpretation is “plainly erroneous or inconsistent with...
Should Rule 68 offers of judgment in FLSA wage cases get DOL or judicial approval?
NELP says they should—so that attorneys cannot end-run the FLSA’s mandatory wage-and-hour protections and impose abusive confidentiality and non-disclosure agreements. The National Employment Law...