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issue 234 sep. 9, 2015

THIS WEEK: Happy Labor Day! It's the holiday to celebrate workers and to give special thanks to those who actively work to enforce their rights (which means YOU!) It's also the end of summer, back to school and get serious for the rest of the year. Did you accomplish all you meant to this summer?

Partner with Workplace Fairness and show the world that you're an advocate for workers. Between websites and web content that empower workers to enforce their rights and our deluxe listings and advertising, people who want representation will know that you're a part of helping educate them about the law, and there to fight for them if they need an attorney.

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In the News more

Judge to decide on halting teacher evaluation system

After Labor Day, Dig In for the Fight Ahead

'Right to work' dominates Labor Day

Ruling: More Nevada Workers Eligible For Higher Minimum Wage

On Labor Day, Here Are 5 Ways To Help Labor

How to get paid what you're owed, in three easy steps. (Okay, maybe not so easy.)

Inside the battle to overhaul overtime - and what it says about how lobbying has changed

U.S. employers add 173,000 jobs in August; unemployment rate falls to 5.1%

18 Numbers That Show Why American Workers Really Need a Break This Weekend

The court ruling that could blow up Uber's business model

Georgia's Minimum Wage Is Still $5.15 An Hour

The pushback against unfair labor practices

Too many inmates, too few correctional officers: A lethal recipe in federal prisons

The Renewed Push For Labor Rights

The surging ranks of America's ultrapoor

Topic of the Week more

Life After Military Service

The unemployment rate for people who defended our country is embarrassingly high. This time I'll explore different options for people leaving the military. read more

BLOGS: Today’s Workplacemore

Nearly 65,000 employees for Adobe, Apple, Google, and Intel filed a class-action antitrust lawsuit in 2011 after the government uncovered emails between Apple co-founder and CEO Steve Jobs, former Google CEO Eric Schmidt, and other executives that showed companies conspired to not poach one another's employees in an effort to keep salaries low and reduce turnover. read more

The economy added 173,000 jobs in August while the unemployment rate fell to 5.1 percent, according to the latest data from the Bureau of Labor Statistics. Analysts had expected 220,000 jobs to be added. That's the lowest unemployment rate since March of 2008. read more

In 2014, women made up 45.5 percent of all union members, up from 33.6 percent in 1984, according to a new report on women in unions from the Institute for Women's Policy Research. read more

Last year, the Equal Employment Opportunity Commission (EEOC) updated its guidance for the first time since 1983 to remind businesses that Title VII and the PDA protect employees from being fired for being pregnant and also require them to be treated the same as any others "in their ability or inability to work" when it comes to accommodations and work adjustments so they can stay on the job. read more

Recently, the Department of Labor proposed a rule to bring overtime up-to-date. If the proposal goes into effect, an additional 5 million white-collar workers are expected to benefit from overtime. The Department of Labor wants to hear your voice on this proposal and until this Friday, September 4, 2015, they are taking comments on the proposed rule. read more

That minimum wage? It's not enough to pay rent on an average one- or two-bedroom apartment in any state. But the median household income falls short of living costs in many places, as a new report from the Economic Policy Institute shows. read more

Nearly half of part-time workers and just under 40 percent of full-time workers don't find out their schedules until a week ahead or less. It's concentrated in retail, where erratic schedules impact 27 percent of the workforce. read more

When the October cuts were announced, 24 people were arrested staging a sit-in and shutting down traffic in front of the Trump Taj Mahal. In June, 68 more were arrested for participating in a similar action. Workers authorized the union's contract negotiating committee to a call a strike if necessary on July 16, a decision that was followed up by reports that the Trump Taj Mahal was preparing to take on several hundred replacement workers. read more

Jackie Tortora

What the Boy Scouts Have to Do with Unions

August 30, 2015 | Jackie Tortora

The Boy Scouts work to instill values in its young members and one of those values is workers' rights on the job. Mainly, the ability to join and form unions. read more

In the Courts more

Cortes v. MTA New York City Transit

Second Circuit; No. 14-713 Decision Date: September 4, 2015

In a suit under the Americans with Disabilities Act (ADA), 42 U.S.C. sections 12112-12117, the district court's grant of summary judgment dismissing the claims is: 1) vacated and remanded with respect to plaintiff's disability discrimination claim where, relying on Collins v. New York City Transit Authority, 305 F.3d 113 (2d Cir. 2002), the district court gave almost preclusive weight to the NYSDHR's dismissal of this claim, however Collins addresses only the effect of arbitration awards under a collective bargaining agreement and does not apply to the decisions of state administrative agencies; but 2) otherwise affirmed. read more

Vega v. Hempstead Union Free School Dist.

Second Circuit; No. 14-2265 Decision Date: September 2, 2015

In a civil rights employment action by a teacher bringing discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq., and 42 U.S.C. section 1983 against a school district, alleging defendants discriminated against him because of his "Hispanic ethnicity" and that they retaliated against him after he complained of discrimination, the district court's grant of defendants' motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) is reversed where: 1) certain of plaintiff's claims were not time-barred, as the district court had concluded; 2) retaliation claims are actionable under section 1983; 3) a Title VII plaintiff need to plead a prima facie case of discrimination to survive a motion to dismiss; and 4) plaintiff has sufficiently pleaded discrimination and retaliation claims. read more

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