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The Employer

  • U.S. Supreme Court Declares Class Action Arbitration Waivers Enforceable

    In a 5-4 decision on May 21, the Supreme Court of the United States ruled that arbitration agreements providing for individualized proceeding are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”).
    In Epic v. Systems Corp. v. Lewis, 584 U.S.

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  • U.S. Supreme Court Holds Service Advisors are Exempt from the FLSA Overtime-Pay Requirement

    Under the Fair Labor Standards Act (FLSA), employers must pay overtime to covered employees who work more than 40 hours in a week.    The law, however, exempts many categories of employees, among whom are employees at car dealerships.  Congress narrowed the exemption to cover sales and parts employees, and mechanics primarily engaged in selling or servicing automobiles and other vehicles.  For years, the law was understood to exempt service advisors.

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  • Discrimination Based on Transgender Status Violates Title VII

    In EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. 6th Circuit Court of Appeals No. 16-2424, the U.S. Court of Appeals for the Sixth Circuit recently ruled that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights Act of 1964.  The Sixth Circuit, which covers Michigan, Ohio, Kentucky, and Tennessee, is the first such federal appellate court to so rule.
    The employer, R.G. & G.R.

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  • The NLRB Reverts Back to the Browning-Ferris Joint Employer Test

    Since August 27, 2015, employers have been grappling with the new NLRB standard regarding joint employment. The Browning-Ferris v. NLRB decision established that a joint-employer relationship will be found if the alleged joint-employers possess, exercise or simply retain the right, directly or indirectly, to control essential terms and conditions of employment, even if that control is not exercised. The Browning-Ferris decision was appealed and the U.S. Court of Appeals for the D.C.

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  • State Attorneys General Support Legislation To End Forced Arbitration of Sexual Harassment Claims

    Under the Federal Arbitration Act, employers may enter into arbitration agreements with employees which would bar such employees from pursing work-related claims outside of the arbitration process.  These types of arbitration agreements invariably would encompass claims for sexual harassment.  In light of the #MeToo movement, Illinois congresswoman Cherie Bustos introduced a bill in the House of Representatives on December 26, 2017 to amend the arbitration law.

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