Employers trying to prove that employees fit within an exemption only need to meet a preponderance of the evidence standard, rather than clear and convincing evidence.
Articles Posted in Labor Law
Starbucks Need Not Rehire Pro-Union Employees, Supreme Court Rules
In a win for Starbucks on Thursday, the Supreme Court ruled that the coffee chain could not be compelled to rehire fired employees who were trying to unionize.
Congress Opposes NLRB Joint Employer Rule
President Biden is expected to veto a resolution disapproving a rule that expands the definition of joint employers under federal labor law.
California Flight Attendants Win Meal and Rest Break Battle With Alaska Airlines
The Supreme Court refused to review a decision by the Ninth Circuit Court of Appeals ruling that California flight attendants are entitled to the protections of state labor laws on intrastate flights.
Amazon Defeats New York Lawsuit Involving COVID-19
A court dismissed claims alleging that the retailer had exposed workers to the coronavirus through deficient safety protocols and had retaliated against workers who reported safety problems in its facilities.
Video Game Company Settles Claims of Sexual Harassment and Employment Discrimination
Activision Blizzard agreed to pay a settlement to alleged victims of discrimination and harassment in its workforce, while improving its culture by changing its policies and practices.
Amazon Fails to Delay Union Vote at Alabama Warehouse
The National Labor Relations Board rejected efforts by the corporate giant to postpone an election or prevent employees from voting remotely, which echoed Amazon's previous attempts to hinder unionization at its facilities.
Third Circuit Court of Appeals Reverses Summary Judgment in UberBLACK Lawsuit
On Tuesday, March 3, 2020, the United States Court of Appeals for the Third Circuit vacated a district court's grant of summary judgment in Razak v. Uber Technologies, Inc. The lawsuit involves plaintiff drivers who used Uber's ride-sharing app to provide limousine services in Philadelphia via UberBLACK. Plaintiffs brought claims under the federal minimum wage and overtime requirements under the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law.
Lawsuit Filed Against Trump Administration Challenges Roll Back of Obama-era Worker Safety Rule
The consumer advocacy non-profit organization, Public Citizen, filed a lawsuit in federal district court on January 25th, challenging the roll back of an Obama-era worker safety rule. The Tracking of Workplace Injuries and Illnesses rule was created to collect more complete data on workplace injuries in order to…
Federal Employees Labor Union Sues Trump Administration Over Government Shutdown
On Monday, the American Federation of Government Employees (AFGE), a federal employees labor union, filed a lawsuit against the Trump administration related to the government shutdown.
