Your Workplace Rights During Natural Disasters and Emergencies
Many federal employment laws that are in place to guide employers and their employees regarding rights and responsibilities when disaster strikes.
FLSA
HOW FARMWORKERS IN MICHIGAN ARE FIGHTING FOR LABOR RIGHTS AND RESPECT
On December 6, 2020, a federal judge heard arguments on a motion to dismiss in Reyes-Trujillo v. Four Star Greenhouse, a case brought by a group of farmworkers alleging wage and hour violations against the greenhouse company where they worked. The case illustrates why a strong Fair Labor Standards Act (FLSA) joint employment standard is critical …
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As shutdown becomes longest in U.S. history, federal employees sue over working for no pay
The government shutdown dragged on for a 22nd day on Saturday, making it the longest in American history. On Friday, 800,000 federal employees went without their paychecks. And though President Trump insists “the buck stops with everybody,” 51 percent of Americans are placing blame for the shutdown him and him alone, according to a Reuters/Ipsos …
Legislation from DeLauro and Clark Would Strengthen Protections for Tipped Workers
As we reported in January, President Donald Trump’s Department of Labor is proposing a rule change that would mean restaurant servers and bartenders could lose a large portion of their earnings. The rule would overturn one put in place by the Barack Obama administration, which prevents workers in tipped industries from having their tips taken by their …
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Here’s How Trump’s Labor Department Quietly Gave Bosses Even More Power Over Their Workers
On January 5, the Department of Labor (DOL) quietly took a step to bolster the legal power of bosses over their workers by reissuing 17 previously withdrawn opinion letters. Developed at the end of George W. Bush’s final term, the letters had been withdrawn by the Obama administration, which discontinued the practice of issuing opinion …
Is Time for Bag Searches Compensable in California?
In the new year the California Supreme Court will address the question of whether employee bag searches should be compensated under California law. The question recently certified by the Ninth Circuit Court of Appeals to the California Supreme Court in Frlekin v. Apple, Inc. states: “Is time spent on the employer’s premises waiting for, and …
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Delivery Drivers Sue Amazon Over Misclassification, Failure to Pay Overtime and the Minimum Wage
With wage and hour lawsuits becoming increasingly common across the country, there was little reason for the lawyers at Amazon.com’s Seattle headquarters to be surprised when one landed on their doorstep recently. But they may have been concerned to learn that their newest legal adversary is “Sledgehammer Shannon” Liss-Riordan, a Boston attorney who gained legal …
Federal Judge: Home Care Workers Entitled to Minimum Wage and Overtime
In a unanimous decision, a federal appeals court reversed a district court and ruled that the U.S. Department of Labor was within its authority to issue a rule change meant to provide home care workers with a minimum wage and overtime protections. The case is now remanded to the district court. In 2013, the Labor Department announced …
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Court Says Lactation Is Related to Pregnancy, Refrains From Saying, “Duh”
I wrote about a really stupid case out of Texas where a federal court said that “lactation is not pregnancy, childbirth, or a related medical condition,” and thus decided that “firing someone because of lactation or breast-pumping is not sex discrimination.” I was irked, to say the least. Lactation not related to pregnancy and childbirth? Really? Well, …
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2015 Will Usher In Increased FLSA Liability for Home Health Care Agencies
On Tuesday, September 17, 2013, the U.S. Department of Labor (DOL) issued a final rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to an estimated two million home health care workers. Scheduled to take effect on January 1, 2015, this amendment narrows the FLSA’s “companionship” exemption. In 1974, Congress extended the FLSA’s …
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