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Timekeeping Software Helps Companies Cheat Their Workers

Timekeeping Software Helps Companies Cheat Their Workers

By Elizabeth C. Tippett, Assistant Professor, School of Law, University of Oregon — There are a lot of ways employers can manipulate your time using timekeeping software, some of which are legal and others highly questionable. If you work on an hourly basis, you may not have given much thought to what happens to your […]

<a href=http://www.employmentlawdaily.com/index.php/news/title-vii-federal-sector-provision-allows-those-employees-to-bring-hostile-environment-claims/ target=_blank >Title VII Federal Sector Provision Allows Hostile Environment Claims</a>

By Joy Waltemath and Dave Strausfeld, J.D. — An employee of the Department of Homeland Security could bring a sexual harassment claim notwithstanding the government’s argument that Title VII’s federal-sector provision does not permit such claims because it states “[a]ll personnel actions affecting employees . . . shall be made free from any discrimination based on race, color, […]

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<a href=http://www.employmentlawdaily.com/index.php/2016/10/13/nlrb-gets-its-hand-slapped-twice/ target=_blank >NLRB Gets Hands Slapped, Twice</a>

By David Stephanides — In September 2016, the NLRB suffered two notable rebukes from the D.C. Circuit. In the first case, though the appeals court agreed that an employer unlawfully suspended two employees for alleged misconduct during a strike and eliminated a position held by a union worker, it remanded the case as to the discharge of […]

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<a href=http://www.employmentlawdaily.com/index.php/news/21-states-business-coalition-attack-dol-final-overtime-rule-in-texas-lawsuits/ target=_blank >Final Overtime Rules Attacked By 21 States, Business Coalition Suing DOL</a>

By Joy Waltemath and Pamela Wolf, J.D. — Nevada, joined by 20 other states, has filed a lawsuit in Texas—undoubtedly perceived as friendly after the success of the recent litigation over immigration reform—challenging Department of Labor’s final overtime rules under the Tenth Amendment of the U.S. Constitution and the Administrative Procedure Act. Nevada Attorney General Adam Paul Laxalt led […]

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Oklahoma’s Top Court: Companies Can’t Set Own Rules For Injured Workers

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Oklahoma’s Top Court: Companies Can’t Set Own Rules For Injured Workers

By Michael Grabell ProPublica, Sept. 13, 2016 — A national campaign to rewrite state laws and allow businesses to decide how to care for their injured workers suffered a significant setback Sept. 13, 2016, when the Oklahoma Supreme Court ruled that Oklahoma’s version of the law is unconstitutional. The 2013 legislation gave Oklahoma employers the ability […]

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<a href=http://www.employmentlawdaily.com/index.php/news/hotel-staff-plausibly-alleged-franchisor-defendants-were-joint-employers-in-flsa-collective-action/ target=_blank >Franchisor Defendants Were ‘Joint Employers’ In FLSA Action</a>

By Joy Waltemath and Lorene D. Park, J.D. — Refusing to dismiss franchisor defendants from an FLSA collective action by 23 employees of a hotel franchisee, a federal district court in New York found that the plaintiffs plausibly alleged that the franchisor defendants asserted “functional control” over hotel employees such that they could be liable as joint employers. For […]

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<a href=http://www.employmentlawdaily.com/index.php/news/nlrb-revamps-past-practice-unilateral-change-doctrine-overturns-precedent/ target=_blank >Precedent Overturned NLRB Revamps ‘Past Practice’ Unilateral Change Doctrine</a>

By Joy Waltemath and  Lisa Milam-Perez, J.D. — On remand from the D.C. Circuit, a divided four-member NLRB held that DuPont violated Section 8(a)(5) of the Act when it made unilateral changes to bargaining unit employees’ benefit plans after expiration of a collective bargaining agreement. Reaffirming its prior stance that the employer’s unilateral changes were unlawful, the majority, more […]

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<a href=http://www.employmentlawdaily.com/index.php/news/volkswagen-must-bargain-with-uaw-nrlb-orders/ target=_blank >Volkswagen Must Bargain With UAW, NLRB orders</a>

By Joy Waltemath and Kathleen Kapusta, J.D. — Volkswagen must recognize and bargain with a UAW local union at the automaker’s Chattanooga, Tennessee, plant, a three-member panel of the NLRB ordered in a summary judgment ruling. By failing and refusing since December 2015 to recognize and bargain with the union as the exclusive bargaining representative of its employees in […]

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<a href=http://www.employmentlawdaily.com/index.php/research-libraries/ target=_blank >Employment Law Legal Research Libraries - TOOL</a>

By David Stephanides — The WK Labor & Employment Law Library provides publications in a single comprehensive source for labor and employment law. WK publications include fair employment practices, labor relations and disabilities law at the federal and state levels and provides comprehensive primary source research materials, annotated explanations along with news and current developments. Aspen Publishers […]

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<a href=http://www.employmentlawdaily.com/index.php/news/claim-that-hours-were-cut-to-dodge-aca-mandate-plausible-under-erisa/ target=_blank >Court Rules Claim Work Hours Cut As ACA Dodge Plausible Under ERISA</a>

By Joy Waltemath and Lisa Milam-Perez, J.D. — A former Dave & Buster’s employee may proceed with a putative class action alleging that her work hours were cut so that the restaurant chain could avoid paying the looming increase in health insurance costs brought on by Obamacare, a federal district court in New York held. Denying the employer’s motion […]

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