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Walmart would pay $20M to end EEOC allegations that physical abilities test discriminated against female applicants
Walmart would be enjoined for five years from administering or implementing any physical ability testing for purposes of hiring grocery distribution center order-fillers. Under a proposed consent...
Employer can’t apply harassment policy from one CBA to employee covered by another CBA
The watchman’s agreement cannot be colorably interpreted to permit employers to unilaterally impose an alternative disciplinary procedure contrary to the exclusive procedure in the CBA. Assuming...
S.D.N.Y. vacates overbroad healthcare exemptions to DOL’s COVID paid leave rule
After finding that New York had standing to sue, the court found several features of the final rule implementing provisions of the FFCRA invalid. Acknowledging that the DOL “labored under...
Trump Administration cracks down on H-1B workers with new Executive Order
Under a new EO, agency heads must scrutinize federal contractors and subcontractors to ensure compliance and that U.S. workers and the national security have not suffered adverse impacts. On...
NLRB declines to impose retroactive application of new joint employer test
Any presumption favoring retroactive application in this case was significantly outweighed by its potential ill effects. On remand from the D.C. Circuit, the NLRB declined to retroactively apply...