The 4th Circuit Court of Appeals has given the green light for an assembly line worker’s Family and Medical Leave Act (FMLA) claim to proceed despite using Facebook Messenger to communicate his notice of leave to his employer. The case is Roberts v. Gestamp West Virginia LLC, 4th Cir., No. 20-2202 (Aug. 15, 2022). Roberts worked on an assembly line at Gestamp, a West Virginia auto parts manufacturer. Gestamp Read More
Instacart Settles San Diego Worker Misclassification Suit for $46.5M
Instacart has agreed to settle a suit covering about 308,000 workers whom the company misclassified as independent contractors in violation of California’s labor code for a total of $46.5 million. The affected individuals worked for the grocery delivery service as “shoppers” between September 2015 and December 2020. The case is The People of the State of California v. Maplebear Inc., case number Read More
DOL Issues Proposed Rule on Independent Contractors
The U.S. Department of Labor (DOL) has issued a proposed rule to clarify the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA). The new rule would replace a 2021 rule in which two factors, i.e., control over the individual's work and the worker's opportunity for profit or loss, carried greater weight than other factors in making this distinction. Under the standard in Read More
CA Joins Other States with Paid Leave Laws
California has joined a steadily increasing list of eleven states and the District of Columbia in expanding paid leave programs for employees. Another five states have widened the range of paid time off by expanding paid sick leave policies. In addition, while select states allow paid time off for employees to care for family members, a growing number of states, including California, have extended paid leave Read More
NLRB Ruling Eases Unions’ Ability to Get Representation Elections
The National Labor Relations Board (NLRB) has issued a new ruling that modifies the language used to determine whether a group is an appropriate collective bargaining unit. The change will make it easier for unions to get representation elections, especially regarding smaller bargaining units. In the American Steel Construction case, which the NLRB issued on December 14, 2022, the agency returns to the so-called Read More
How EPT Laws Affect PERM Recruitment Practices
Frequently, employers file Permanent Labor Certification (“PERM”) applications for foreign workers they intend to sponsor for legal permanent residency. Many states now have enacted equal pay transparency (EPT) laws that could significantly affect the recruitment portion of the PERM application process. U.S. Department of Labor (DOL) regulations concerning PERM applications require that they publish employment Read More
U.S. Supreme Court Set to Hear Five Major Cases This Term
The conservative supermajority of the U.S. Supreme Court is set to hear arguments on some of the most contentious issues in America this term. These issues include the potential end of affirmative action and whether refusing to serve same-sex wedding clients amounts to illegal discrimination or freedom of speech. The high Court also will address a legal theory that could give state lawmakers virtually unfettered Read More
Perceptions of Pay Equity Differ Greatly Among Employers and Employees
UKG, a provider of HR, payroll, and workforce management technology services, recently sponsored a research report entitled “Making Pay Equity Work for All.” Harvard Business Review (HBR) Analytic Services completed the research that led to the report. Based on their research, HBR found that organizations are making progress in reaching pay equity between men, women, and underrepresented groups. Employees and Read More
OSHA Expands Criteria for Severe Violator Enforcement Program
The Occupational Safety and Health Administration (OSHA) has announced that it is revamping its Severe Violator Enforcement Program (SVEP) to include more criteria that may cause employers to be placed on the list. Two repeat violations at one site can qualify an employer for inclusion in the SVEP. As a result, more employers will be at increased risk of being dubbed a “severe violator,” increasing the need for Read More
Tenth Circuit Upholds Summary Judgment Ruling for United Airlines in FMLA Suit
A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, hearing the appeal of an ex-United Airlines employee in an FMLA suit, has upheld the lower court’s summary judgment, ruling in favor of the employer. In its majority opinion, the appellate court ruled that the Utah district court correctly determined that a supervisor's alleged bias against the former employee could not be attributed to United. Read More