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Workplace Week is a free e-newsletter from Workplace Fairness covering news and court cases that affect employees and their advocates. If you have trouble viewing this email, you can view this e-newsletter online.

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issue 236 sep. 23, 2015

THIS WEEK: Although it's more than a year before the Presidential election, that's not stopping our candidates from telling us their platforms and showing Americans what they believe in. What do you and your law practice stand for? Do potential clients know how you can solve their workplace problems and make their lives better?

Partner with Workplace Fairness and show potential clients where you stand. Between websites and web content that highlight the most important issues representing workers and our deluxe listings and advertising, which represent your campaign to enforce employment laws, potential clients will vote with their feet -- right into your office.

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

In the U.S., one state is ground zero for tobacco suits

Delaware North sues park service over Yosemite dispute

Researchers find evidence of CTE in 96% of deceased NFL players they tested

Bratton Tries a Community Policing Approach, on the New York Police

VW cheated on U.S. pollution tests for 'clean diesels'

Business Lobby Might Be Last To Realize Paid Leave Law Makes Sense

Gender Bias Suit Will Soon Shine a Harsh Light on Microsoft

Applicant, Beware! The 10 Biggest Lies Headhunters Tell You

Uber Appeals Class-Action Ruling for Lawsuit

The taxi wars: Full-time with Uber, but running on fumes

Here's What's Happening After This Restaurant Started Paying Workers $15 an Hour

These are the hardest places for minimum wage workers to live

The "Sharing Economy" Is Dead, And We Killed It

Port of Long Beach Truck Drivers Wait for Court Ruling, Enter Week 10 of 6th Strike Against Employer

It's Not Just Uber: Why the Taxi Industry Needs an Overhaul

Topic of the Week more

Lifetime Learning: Do's and Don'ts

These days learning needs to be part of everyone's work life. Here are three helpful learning don'ts and two learning do's. read more

BLOGS: Today’s Workplacemore

Sen. Bernie Sanders (I-VT) threw down the gauntlet for Congress and President Obama Tuesday morning, joining hundreds of low-wage contract workers from federal buildings who are striking in advance of Pope Francis' visit to Washington, D.C. read more

There are no less than three cases in the Court's upcoming term that could be disastrous for consumers, workers and small businesses cheated by anti-competitive behavior that violates antitrust and other laws. read more

The WAGE Act would give workers the same remedies as employees whose civil rights are violated: the ability not just to get their jobs and back pay, which is the rule now, but to win punitive damages, to engage in legal discovery that gives lawyers access to an employer's internal files, and win attorneys' fees when workers prevail. read more

What we need in America are state and federal court systems that are fair and biased in no one's favor. Unfortunately, the Chamber of Commerce's latest propaganda piece shows we are far from that goal and, for some time, things have been getting worse. read more

Dean Baker

NPR Does Mind-Reading on Overtime Rule

September 22, 2015 | Dean Baker

NPR had a bizarre piece on the Labor Department's new overtime rules which seemed intended to undermine support for them. These rules would increase from $23,660 to $50,440, the floor under which salaried workers would automatically qualify for overtime regardless of their work responsibilities. read more

Study after study, report after report, and of course common sense and our own eyes are telling us that unions help people and the economy do better. It's obvious. But the billionaires and big corporations want to keep pay and benefits low, and pay politicians to keep it that way. read more

Bryce Covert

Woman Fired For Being Transgender Scores A Victory

September 12, 2015 | Bryce Covert

Federal law doesn't explicitly enumerate gender identity as a protected class against workplace discrimination. But the Equal Employment Opportunity Commission has ruled that employer discrimination on that basis violates Title VII of the Civil Rights Act, which bans discrimination based on sex. read more

William Spriggs

Raising the Minimum Wage Has a Negligible Effect on Jobs

September 11, 2015 | William Spriggs

It continues to be the case that minimum wages are presented as a creator or destroyer of jobs. In reality, job growth is driven by rising incomes and growing customer bases that demand products, prompting businesses to respond by hiring more people to increase their output and serve the growing customer demand. read more

Leo Gerard

Corporations Deploy Anti-Worker Weapon

September 10, 2015 | Leo Gerard

The growing use of lockouts to force workers to accept corporate demands demonstrates that the already powerful -- corporations -- have secured even more might in their relationship with workers. Corporations' lopsided hold on power in the United States has suppressed labor unions and contributed significantly to wage stagnation and income inequality. read more

In the Courts more

Board of Trustees of the IBT v. C&S Wholesale Grocers Inc.

Third Circuit; 14-1956 Decision Date: September 15, 2015

In an ERISA dispute between a grocer and union about the amount the grocer to be paid annually after withdrawing from the pension fund in 2011, the district court's order regarding the payments is affirmed where: 1) Congress did not intend that a withdrawing employer should pay only the amounts that would ordinarily be due under the pension plan; and 2) the surcharge does not arise under the collective bargaining agreements (CBA) and the surcharge is not part of the "Highest Contribution Rate." read more

Beaulieu v. State of Vermont

Second Circuit; 13-4198 Decision Date: September 15, 2015

In an action against an agency and officials of the State of Vermont, alleging claims under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. sections 201 et seq., which defendants removed to federal court, the district court's grant of defendant's motion to dismiss on the basis of sovereign immunity from private suit under the FLSA is affirmed where, while defendants removal to federal court waived their Eleventh Amendment immunity from suit in federal court, it did not waive Vermont's general sovereign immunity and Vermont has not otherwise waived it. read more

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