The 5th Circuit Court of Appeals has ruled for the first time that Section 504 of the Rehabilitation Act authorizes employment discrimination lawsuits filed by independent contractors. The court's ruling in Flynn v. Distinctive Home Care, Inc. is significant in its finding that the Rehabilitation Act offers broader protection than Title I of the Americans with Disabilities Act (ADA).
An employer's use of third-party management companies, independent contractors, staffing agencies or labor providers could constitute joint employment that makes both parties liable for any minimum wage and overtime violations, the US Department of Labor warns.
A downward trend in the size of settlements reversed last year, as plaintiffs figure out ways to work around a Supreme Court ruling that made it more difficult for plaintiffs to prove commonality to bring a class action.
The US Supreme Court has agreed to hear an appeal of Navarro v. Encino Motorcars, LLC, in which the 9th Circuit Court of Appeals ruled that auto dealership service advisors are not eligible for an Fair Labor Standards Act overtime exemption.
In fiscal year 2015, the US Department of Labor's Wage and Hour Division collected about $74 million in back wages owed to about 102,000 employees in the agriculture, day care, restaurants, garment manufacturing, guard services, health care, hotels and motels, janitorial services and temporary help sectors.
Seattle has become the first US city to allow drivers for Uber, Lyft and other ride-hailing company apps to unionize. The Seattle City Council voted unanimously to enact this groundbreaking measure. But Uber may challenge the ordinance in court, so this is likely not the last word on the issue.
In Rosenfield v. Globaltranz Enters., the 9th Circuit Court of Appeals ruled that an HR director's lack of responsibility for ensuring FLSA compliance helped establish that her complaints were protected from retaliation under the Fair Labor Standards Act (FLSA).
In Babcock v. Butler Cnty., the 3rd US Circuit Court of Appeals rejected a "completely relieved from duty" test for unpaid meal breaks in favor of a "predominant benefit" standard that is more favorable to employers.
The 3rd Circuit Court of Appeals has ruled that an employer using the services of a staffing agency may be held liable under federal and state civil rights laws for racial discrimination claims made by temporary employees.
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