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Topic of the Week Blogs In the Courts In the News
issue 284 sep. 14, 2016

THIS WEEK: With summer passing in a blur and Labor Day and back-to-school behind us, the holidays will be here before you realize it. Are you going to achieve your marketing goals for the year?

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In the News more

Companies Can't Set Own Rules For Injured Workers, Okla. Court Says

The Economic Expansion Is Helping the Middle Class, Finally

The Post Office’s future is in jeopardy – a strike is the only option

Worker Strike Could Cause A Significant Peeps Shortage Next Easter

Wage-and-hour plaintiffs likely to back NLRB’s bid for SCOTUS review of class waivers

JPMorgan Chase Whistle-Blower Suit Revived by Appeals Court

A $15 Minimum Wage Would Stop 1.2 Million Households From Going Hungry

Watch Out for Witness Bias in Workplace Investigations

New Overtime Rule Presents Big Challenge to Small Businesses

Managing the Hidden Stress of Emotional Labor

Deloitte Just Gave Its Workers 16 Weeks Paid Leave For Caregiving

Workers Paid by Card Will Gain Protections in New York State

New York City Passed Paid Sick Leave, and Guess What? It Didn’t Kill Any Jobs.

People With Disabilities Aren’t Entitled to the Minimum Wage

EEOC Gets $435K for Black Temp Workers in Mississippi

Topic of the Week more

Lifetime Learning

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

Yesterday, the Ninth Circuit took sides in a major split within the U.S. Courts of Appeals over the enforceability of class arbitration waivers. In Morris v. Ernst & Young, LLP, No. 13-16599, Slip. Op. (9th Cir. Aug. 22, 2016), the Ninth Circuit held that employers violate Sections 7 and 8 of the National Labor Relations Act (“NLRA”) by requiring employees covered by the NLRA to waive, as a condition of their employment, participation in “concerted activities” such as class and collective actions. (Slip Op. at 1.) read more

The Roger Ailes harassment scandal was never just about Roger Ailes. We knew that from the beginning: Gretchen Carlson, the woman whose sexual harassment lawsuit helped topple the Fox News chief (and unleashed a flood of similar harassment and assault allegations) stated that she’d only come into Ailes’ line of sight because she was pursuing remedy for a different instance of workplace discrimination. read more

Bryce Covert

This Labor Day, Thank Unions For Boosting Wages

September 5, 2016 | Bryce Covert

Labor Day is now seen as the official end of summer and a day off (at least for those who actually get paid holiday leave) to grill or go to the beach one last time. But when it was originally conceived as a federal holiday, it was as a concession to the labor movement after bloody union unrest that left 30 striking workers dead. It was meant as a day to celebrate the efforts and sacrifices of unionized workers. read more

With Supreme Court justices serving for life and having significant power in interpreting laws that affect our daily lives, the importance of court appointments cannot be overstated. This election, in particular, could shape up to be one of the most important elections in terms of shaping the court in American history. read more

When Congress gets back from recess, one of the first items on Rep. Eleanor Holmes Norton’s (D-DC) agenda will be salary histories. She, along with co-sponsors Reps. Rosa DeLauro (D-CT) and Jerrold Nadler (D-NY), will introduce the first-ever bill to ban employers from asking about applicants’ prior pay before making an offer. read more

In the Courts more

Chavez v. Dole Food Co.

Third Circuit; no. 13-4144 Decision Date: September 2, 2016

In an action filed by overseas workers of defendant Dole Food Company, seeking relief for long-term health consequences allegedly tied to work-related exposure to toxic pesticides, the district court's dismissal is vacated and remanded where: 1) the district court abused its discretion under the first-filed rule by dismissing plaintiff's claims with prejudice; 2) the district court erred by refusing to transfer plaintiffs' claims against defendant Chiquita Brands International to another forum; and 3) dismissals on timeliness grounds in a mirror suit filed in Louisiana District Court do not create a res judicata bar to plaintiff's claims. read more

Parker v. Boulevard Motel Corp

First Circuit; No. 15-2012 Decision Date: August 31, 2016

In a suit brought by former employees of motel corporation-defendant, alleging that defendant fired them in violation of the Maine Whistleblowers' Protection Act (MWPA) and the Maine Human Rights Act (MHRA), the District Court's grant of summary judgment to defendant, relying on a purported 'job duties exception' to both statutes, is reversed where this Court's intervening decision in Harrison v. Granite Bay Care, Inc., 811 F.3d 36 (1st Cir. 2016), made clear that no 'job duties exception' exists under either the MWPA or, by implication, the MHRA. read more

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