Isis Freeman is a student at Harvard Law School.
The Department of Labor has once again delayed the implementation of the Obama Administration’s “Fiduciary Rule,” previously slated to take effect on April 10. According to Forbes, the DOL has responded to President Trump’s February 3 executive order to review the rule by postponing the rule’s implementation until June 9. The comment period on issues raised by President Trump remains open until April 17.
Law360 reports that U.S. District Judge Cathy Seibel denied conditional certification to a nationwide class of Papa John’s International Inc. delivery drivers in Durling, et al. v. Papa John’s International, Inc., Case No. 7:16-CV-03592 (CS) (JCM) (S.D.N.Y. Mar. 29, 2017). The drivers alleged that the company failed to sufficiently reimburse them for the cost of their vehicle expenses. The court reasoned that the absence of any evidence of common policy that violates the FLSA is enough for employers to defend their pay practices, noting that evidence of underpaid workers at few dozen corporate stores and two franchisees is insufficient to certify a class comprised of more than 3,300 restaurants.
The Office of Federal Contract Compliance Programs (“OFCC”) released its 2017 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark of 6.7%. Federal contractors use this figure to evaluate their veteran hiring efforts. This year’s benchmark is slightly lower than 2016’s Benchmark of 6.9%.
As noted on the blog, five women have received settlements totaling $13 million following accusations of sexual harassment by Bill O’Reilly. The revelation sparked an online conversation under the hashtag #droporeilly under which an outpouring of women have described years of workplace mistreatment. The New York Times shares some of these narratives.
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July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.
July 24
EEOC drops request for UPenn's Jewish staff; Starbucks defeats mail-in ballots; and Mamdani appoints Lina Khan.
July 23
Ninth Circuit affirms ban of transphobic books in school; leading demographer warns of impending labor shortage.
July 22
EDNY strikes down state labor board law; D.C. Circuit applies Loper Bright to NLRB; Joint employer bill reaches the House floor.
July 21
Fifth Circuit transfers an Anheuser-Busch NLRB case to the Eleventh Circuit; a new report makes the case for tripling union membership.