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Court Rules Claim Work Hours Cut As ACA Dodge Plausible Under ERISA

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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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India New labor laws to take effect

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India New labor laws to take effect

By Danny Romero  India’s Gujarat government will implement new labor laws from January 2016, which will aim take greater control over industries and attempt to minimize employment disputes, according to the economictimes.indiatimes.com. The Gujarat Labour Laws (Gujarat Amendment) Bill 2015 was passed in February of 2015. New labor laws in India will change certain basic definitions in […]

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$14M in attorneys’ fees awarded in hospitals wage suppression suit

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$14M in attorneys’ fees awarded in hospitals wage suppression suit

By Greg Hammond, J.D. – A federal district court in Michigan awarded $14 million in attorneys’ fees in a class action in which two Detroit-area nurses claimed that a healthcare entity conspired with other area hospitals to suppress wages. The fees are reasonable under the circumstances and are supported by the six Bowling factors, according […]

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Cancer Stricken Exec Laid Off After Filing EEOC Charge Heads To Trial

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By Joy Waltemath and Brandi O. Brown, J.D. — A former company VP who within four years after he was diagnosed with cancer was denied two yearly bonuses and equity awards and was laid off after filing an EEOC charge, will be allowed to take many of his claims to a jury after a ruling by a federal […]

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Global Right to Strike Re-affirmed at ILO

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Global Right to Strike Re-affirmed at ILO

A breakthrough has been made at the International Labour Organization following two years during which employers at the International Labour Organization brought the UN body’s global supervisory system to a standstill, in an attempt to eliminate decades of ILO jurisprudence supporting the right to strike. Union and employer representatives have now reached an understanding at […]

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For Retail Workers, Time Is Money

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For Retail Workers, Time Is Money

By Marjorie E. Wood – A new law in San Francisco to curb erratic retail scheduling practices could be the first of many. In late November, the San Francisco Board of Supervisors passed a Retail Workers’ Bill of Rights — the first law of its kind in the nation. The focus of the new law might […]

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Walmart Wage-Hour Class Action $187M Verdict Upheld, No ‘Trial By Formula’

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Walmart Wage-Hour Class Action $187M Verdict Upheld, No ‘Trial By Formula’

By Ronald Miller, J.D. –Finding that there was a single, central, common issue of liability in the case—whether Walmart failed to compensate its employees in accordance with its own written policies—a divided Pennsylvania Supreme Court ruled that the giant retailer was not the subject of a “trial by formula” in a wage-hour class action proceeding. Unlike Wal-Mart […]

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Federal Contractor Rule Prohibits LBGT Discrimination

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Federal Contractor Rule Prohibits LBGT Discrimination

The U.S. Department of Labor has announced a new rule implementing an executive order signed by President Obama in July that prohibits discrimination by federal contractors on the bases of sexual orientation and gender identity. July’s executive order was the first federal action ensuring LGBT workplace equality in the private sector. Currently 18 states, the […]

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Despite GOP Government Shutdown EEOC Makes Progress In 2014

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Despite GOP Government Shutdown EEOC Makes Progress In 2014

Despite the lingering effects of the Republican-led government shutdown, the U.S. Equal Employment Opportunity Commission (EEOC) made progress toward accomplishing its goals and fulfilling its mission during fiscal year 2014, which ended Sept. 30, fighting to overcome extraordinary fiscal constraints and operational challenges. “Despite these hurdles, the employees of the EEOC remain committed to meeting […]

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Chicago Marshmallow Maker Doumak Resolves EEOC Disability Suit

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Chicago Marshmallow Maker Doumak Resolves EEOC Disability Suit

Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, will change its leave policies and pay $85,000 to five people, ending a disability discrimination suit filed by the U.S. Equal Employment Opportunity Commission (EEOC). In its complaint, the EEOC alleged Doumak capped leaves of absence at its Elk Grove Village and Bensenville, Ill., manufacturing facilities without making […]

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