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.
Daily News & Commentary
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May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.