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Topic of the Week Blogs In the Courts In the News
issue 209 mar. 18, 2015

THIS WEEK: St. Patrick's Day might be around the corner, but are you still basing your marketing strategy on luck?

Wear green and drink green beverages if you like, but you don't have to be a greenhorn when it comes to attracting potential clients. Better than a rowdy parade past your office, our deluxe listings and advertising match you with potential clients, and our websites and web content educate potential clients about their rights.

If you would like to learn more about the services we offer, please contact us at [email protected] or call 240-772-1205.

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In the News more

Labor Groups Urge Nippon Sharyo To Keep Eye On Working Conditions.

Novartis unit hit with $110 million gender discrimination suit

Virginia pushed into debate of teacher privacy vs. transparency for parents

The U.K. vs. the U.S. minimum-wage debate: What can we learn?

Entergy ordered to pay $305,000 in overtime

McDonald's workers claim hazardous conditions in 19 U.S. cities

No, the minimum wage isn't forcing these Seattle restaurants to close

OSHA looking at new eye protections for workers

Why salaries don't rise

Why Retailers Are Suddenly Desperate to Keep Their Least-Valuable Workers

Bill Proposes Boosting Minimum Wage For Tipped Workers

Papa John's franchisee ordered to pay New York City workers more than $2 million

Workplace Injuries Are Adding To Income Inequality: Labor Department

Workplace Injuries Are Adding To Income Inequality: Labor Department

The workers' compensation system is broken - and it's driving people into poverty

Topic of the Week more

Tangled: Negotiating Strategies for the Real World:

At work we have to negotiate our salary, our time off and a daily minefield of challenges and headaches. It wears me out just thinking about it. Given how much we all have to negotiate at work, it never ceases to amaze me how little effort most of us put read more

BLOGS: Today’s Workplacemore

Richard Seymour

Why Does the EEOC Make Mistakes (Part I)

March 16, 2015 | Richard Seymour

When we criticize the agency, we need to be mindful of the difficulties under which it labors. read more

Susan Harley

Save the Seventh

March 13, 2015 | Susan Harley

Even though we are all granted the right to a trial by jury in the U.S. Constitution, Big Banks and corporations regularly use fine print in contracts to trick consumers out of their right to a day in court. read more

In today's era of Big Data, analytics, and sabermetrics, the cheeky motto "in God we trust, all others must bring data" has never seemed more relevant. Well, in the arena of mandatory arbitration provisions in consumer contracts the data is in, and the verdict is clear: mandatory arbitration is unfair to consumers and harmful to the public interest. read more

David Tindell

Union benefits that could save your home

March 10, 2015 | David Tindell

One out of every 200 homes will be foreclosed according to the Federal Deposit Insurance Corporation. For a city the size of Washington, DC, that's as much as 3,000 homes per year. And what does foreclosure look like? read more

Six years ago in January, President Obama signed his first piece of legislation - the Lilly Ledbetter Fair Pay Act - to extend the time period in which an employee could file a claim for pay discrimination. The Act overruled the United States Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber, which Ledbetter said allowed her employer to pay her unfairly "long enough to make it legal." read more

Dave Johnson

How Our Trade Policies Kill Jobs

March 9, 2015 | Dave Johnson

Trade is great. We all trade. A lot of us trade labor for money that buys other things. A farmer trades corn for money that buys other things, and so on. No one is "against trade." read more

On Friday, Germany passed a law that will require companies to give 30 percent of supervisory board positions to women. The quota will apply to the country's 100 biggest companies by next year, where women currently hold just 18.6 percent of board director seats. read more

Carmen Berkley

Black Equality Doesn't End in February

March 3, 2015 | Carmen Berkley

Black History Month is more than just acknowledgement in a newspaper or a special program at your children's school. It's an opportunity to reflect on how far black people in the United States have come in their struggle for justice and equal rights, while not forgetting the scores of women and men whose lives have been destroyed by our biased judicial system. read more

In the Courts more

Perez v. Mortgage Bankers Association

U.S. Supreme Court; 13-1041 Decision Date: March 9, 2015

In this case, in 2006 the Department of Labor's Wage and Hour Division (the Department) issued an opinion letter finding that mortgage-loan officers fell within the administrative except to overtime pay requirements under the Fair Labor Standards Act (FLSA), and in 2010 the Department withdrew the 2006 opinion letter without notice or an opportunity to comment and issued an Administrator's Interpretation concluding that mortgage-loan officers do not qualify for the administrative exception. Respondent filed suit contending that the Administrator's Interpretation was procedurally invalid under the D.C. Circuit's decision in Paralyzed Veterans of Am. v. D.C. Arena L.P, which holds that an agency must use the Administrative Procedure Act's (APA) notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from a previously adopted interpretation. The district court granted summary judgment to the Department, but the D.C. Circuit applied Paralyzed Veterans and reversed. The judgment of the circuit court is reversed, where: 1) the Paralyzed Veterans doctrine is contrary to the clear test of the APA's rule making provisions and improperly imposes on agencies an obligation beyond the APA's maximum procedural requirements; and 2) APA section 4 specifically exempts interpretive rules from notice-and-comment requirements. read more

Ayala v. Shinseki

First Circuit; 13-2260 Decision Date: March 6, 2015

In this case, plaintiff filed a civil action pursuant to Title VII's anti-retaliation provision (24 U.S.C. section 2000e-3(a)) against defendant Department of Veterans Affairs, her former employer. The district court ruled that plaintiff's Title VII retaliation claims were time-barred and entered partial summary judgment in favor of defendant. The judgment is affirmed, where, since both employment actions challenged by plaintiff constitute discrete acts, the continuing violation doctrine does not apply to plaintiff's claims, and thus her claims are time-barred. read more

Werkheiser v. Pocono Township

Third Circuit; 13-3646 Decision Date: March 3, 2015

In this case involving First Amendment retaliation, plaintiff alleges that he was denied reappointment to his position as Roadmaster with the Township as a result of speech he expressed in his capacity as an elected official concerning the Board of Supervisors' overpayment for administrative duties. Defendants filed a motion to dismiss on grounds that they were entitled to qualified immunity as to plaintiff's federal claim against them. The judgment of the district court denying defendants' motion to dismiss and finding that plaintiff had established a constitutional violation is vacated and remanded, where: 1) well-reasoned decisions on both sides render the law sufficiently unclear at the time of defendants' actions so as to shield them from liability; 2) the law was not clearly established that the kind of retaliation defendants engaged in against plaintiff violated his First Amendment rights; 3) elected officials who are retaliated against by their peers have limited recourse under the First Amendment when the actions taken against them do not interfere with the ability to perform their elected duties; and 4) it is debatable whether a reasonable official in defendants' position would have under that retaliating against plaintiff by denying him reappointment would violate his constitutional rights. read more

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