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Topic of the Week Blogs In the Courts In the News
issue 210 mar. 26, 2015

THIS WEEK: Spring has sprung but are your marketing efforts still snowed under? Our deluxe listings and advertisingshow your fresh new face to a world of potential clients, and our websites and web content continually grow and change with the seasons.

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In the News more

Wal-Mart wants U.S. Supreme Court to overturn Pa's. wage case

Where Have All Our Wages Gone?

America Needs Labor Unions

High court will hear DirecTV appeal over termination fees

Credit card issuers shouldn't bully customers into arbitration clauses

Twitter Faces Gender Discrimination Lawsuit by Former Female Engineer

Sorry, but it's not a 'law of capitalism' that you pay people as little as possible - it's an excuse.

Be ready to cover pay for home-care workers, states told.

Obama Says Workers Are Being 'Cheated' Out Of Overtime Pay

Here's the liberal plan to save the middle class

It's illegal to prevent workers from talking about wages. T-Mobile did it anyway.

Supporters, Opponents Square Off On Raising RI's $2.89 Sub-Minimum Wage

Wal-Mart wage hike hides deeper problem for US economy

Target to lift minimum wage to $9 an hour, matching rivals

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

Topic of the Week more

Higher Ground: How to Fall Up at Work

We've all fallen down at work, what if the next time you faced a big challenge you could actually fall up? Not just survive it, but actually thrive from the experience? read more

BLOGS: Today’s Workplacemore

A fundamental change has taken place in the American workplace, and we are only now beginning to realize just how monumental it is. read more

Workers who get cheated out of their due pay in central Florida will have a much easier time recovering what they're owed after Osceola County approved a tough new wage theft law, making it the latest in a string of local governments to take on increased responsibility for enforcing federal wage and hour laws. read more

Men out-earned women in every specialty except orthopedics, with the gap ranging from $3,792 in chronic care to $17,290 for nurse anesthetists. read more

The massive push toward subcontracting and supply chains I wrote about in my prior post didn't happen overnight, and it certainly won't be fixed overnight either. read more

A judge at the National Labor Relations Board (NLRB) yesterday found T-Mobile U.S. guilty of engaging in nationwide labor law violations against workers. The unprecedented ruling comes after a rare move last year by the NLRB consolidating multiple complaints against T-Mobile U.S. for illegal actions and policies in Albuquerque, N.M.; Wichita, Kan.; Charleston, S.C., and New York City. read more

Eric Schneiderman

Fast Food Wage Theft Is A "Crime Wave"

March 18, 2015 | Eric Schneiderman

NY Attorney General Eric Schneiderman is calling the wage theft of fast food workers what it is. A crime. No, a crime wave. read more

Without aggressive action, the right-to-work tsunami will sweep more states. "Just Cause for All" campaigns should be part of the strategy. read more

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 the Courts more

Robinson v. Concentra Health Services, Inc.

Second Circuit; 14‐941‐cv Decision Date: March 24, 2015

In this discriminatory discharge action, the district court held that plaintiff former employee was judicially estopped from showing that she was qualified for her position at the time of her termination, which is an element of discriminatory discharge claim brought under Title VII of the Civil Rights Act and 42 U.S.C. section 1981, because she applied for and received Social Security disability benefits based on her statement that she was fully disabled as of a date prior to her termination. Summary judgment in favor of defendant-employer is affirmed, where plaintiff failed to proffer a sufficient explanation for the contradictory statements. read more

Navarro v. Encino Motorcars

Ninth Circuit; 13-55323 Decision Date: March 24, 2015

In this action brought under the Fair Labor Standards Act (FLSA), plaintiff "service advisors" who worked at defendant car dealership allege that defendant violated the FLSA by failing to pay overtime wages. Dismissal of the action is reversed as to the FLSA overtime claim and supplemental state-law claims and affirmed as to the dismissal of other federal claims not challenged on appeal, where: 1) "service advisers" at a car dealership are not exempt from the FLSA's overtime pay requirements under 29 U.S.C. section 213(b)(10)(A), which exempts "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles"; and 2) under the Chevron standard, the regulation was reasonable. read more

Ali v. Rogers

Ninth Circuit; 13-15145 Decision Date: March 19, 2015

Plaintiff-seamen brought suit against defendants, the H.R. director and the captain of the ship. Plaintiff Abdhulhalim alleges that the H.R. director ordered the ship's captain to fire him because he is of Yemeni origin. Plaintiff Mohamed alleges that he was not hired by the same government-owned ship on the orders of the H.R. director because of his religion and his Yemeni national origin, violating both his constitutional rights and his union's collective bargaining agreement with the company. Dismissal of the complaint for lack of jurisdiction is affirmed, where: 1) Abdulhalim's complaint includes at least one claim that could have been brought as a "civil action in admiralty" against the private wrongdoers, and therefore, pursuant to the Suits in Admiralty Act and the Public Vessels Act, should have been brought against the United States rather than against the H.R. director; and 2) because Mohamed could have brought suit in admiralty for breach of the collective bargaining agreement relating to the crewing of the vessel, his exclusive remedy was against the United States. read more

Ricci v. Teamsters Union Local 456

Second Circuit; 14‐1732 Decision Date: March 18, 2015

Judgment dismissing plaintiffs' defamation claims against defendant GoDaddy and retaliation claims against defendant Teamsters Union Local 456 is affirmed, where: 1) the alleged false statements about plaintiffs were republished on a website hosted on GoDaddy's servers; 2) the defamation claims fail because the Communications Decency Act shields GoDaddy, a web host, from defamation liability; and 3) the labor claims are barred by the National Labor Relations Act's six-month statute of limitations. read more

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