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Biden’s DOL Bets on Two-Step Overtime Plan to Survive Lawsuits

The US Labor Department’s use of Trump-era wage calculations for the first phase of its expansion of federal overtime pay protections creates a potential legal shield for at least part of a policy change destined for court attacks.

Workday AI Bias Case Tests EEOC Definition of Employment Agency

The EEOC’s decision to file a brief in support of a plaintiff who alleged Workday’s artificial intelligence-based hiring tools discriminated against him has sparked widespread skepticism.

Restaurants’ Challenge to Tip Wage Limits Returns to 5th Circuit

Restaurant groups will get a second chance to present to a federal appeals court their case against a US Labor Department rule limiting when employers can use the tip-credit, or pay tipped-employees less than minimum wage.

401(k) Adviser Rule at Risk: Looming Legal Threats Explained

The Labor Department’s new standard extending fiduciary duties to more retirement advice professionals appears set to encounter tough opponents from Wall Street and Capitol Hill now that it has been finalized.

Punching In: NLRB Precedents Getting Appellate Court Scrutiny

Oversight of National Labor Relations Board decisions setting precedents is heating up in circuit courts around the US. Meanwhile, employers are working to comply with recent EEOC rules requiring accommodations for pregnant workers.

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The Artificial Intelligence Dilemma: Can Laws Keep Up?

The risks that artificial intelligence represents have come into sharper focus: disinformation, potential job loss, perhaps even an existential threat to humanity. Is government capable of putting guardrails around such a fast-moving technology?

IN BRIEF

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Case: Labor Relations/Interference (N.L.R.B.)

Starbucks Corp. unlawfully interfered with organizing efforts of its employees at three Ann Arbor, Michigan locations in violation of the NLRA. Starbucks Corporation, 2024 BL 141679, N.L.R.B., 07–CA–293742, 4/25/24

Case: Discrimination/Disparate Treatment (N.D. Ill.)

Genuine issues of material fact preclude summary judgment to America’s Auto Body, Inc. on the disparate treatment and retaliation claims under Title VII of the Civil Rights Act and state law of a pregnant receptionist, an Illinois federal court ruled. Altwasser v. America’s Auto Body, Inc., 2024 BL 142336, N.D. Ill., 21-cv-2524, 4/25/24

Case: Individual Employment Rights/False Claims Act (W.D. Pa.)

A federal district court found a fired director for Magee-Womens Research Institute & Foundation stated False Claims Act violations against her employer and the University of Pittsburgh, and also alleged FCA retaliation. United States ex rel. Ruggeri v. Magee-Womens Rsch. Inst. & Found., 2024 BL 140335, W.D. Pa., 2:19-CV-862-NR, 4/24/24