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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.

Latest Stories

Sex and Secrets Trigger Downfall of Star Texas Bankruptcy Judge

After helping to transform Houston’s bankruptcy court from a backwater to a boomtown, Judge David R. Jones resigned in 2023 following the disclosure of his long-running romantic relationship with a local bankruptcy lawyer. As the revelations mount, the inner workings and casual approach to potential ethical conflicts of a highly productive and tight-knit legal community have begun to surface.

Texas Payroll Provider for Chevron Liable for New Mexico Tax

A Houston employment agency that performed payroll services for Chevron contractors is liable for about $350,000 in gross receipts tax because the services were “incidental” to the employment of the contractors in New Mexico, an appeals court there said Monday.

DOL Officials Hear Life Insurer Concerns Over 401(k) Advice Rule

Insurance agents can utilize exemptions to collect compensation when dealing with 401(k) plans and will only see their recommendations of certain products become subject to new fiduciary standards when retirement assets are involved, Labor Department leaders said during a press briefing on the agency’s new fiduciary rule.

AI’s Compliance Risks Outlined in New Labor Department Guidance

Employers should be wary of ways artificial intelligence can discriminate against workers or lead to pay violations, especially those who do business with the federal government, the US Labor Department warned in its first-ever guidelines on the emerging technology.

From Across Bloomberg Tax

Business & Practice Environmental, Social & Governance (ESG) Social Justice & Diversity The United States Law Week
  • Business & Practice
  • Environmental, Social & Governance (ESG)
  • Social Justice & Diversity
  • The United States Law Week

Sex and Secrets Trigger Downfall of Star Texas Bankruptcy Judge

After helping to transform Houston’s bankruptcy court from a backwater to a boomtown, Judge David R. Jones resigned in 2023 following the disclosure of his long-running romantic relationship with a local bankruptcy lawyer. As the revelations mount, the inner workings and casual approach to potential ethical conflicts of a highly productive and tight-knit legal community have begun to surface.

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: Discrimination/Pay Equity (E.D. Va.)

A Virginia federal district court denied Virginia State University’s motion to dismiss a sex discrimination claim under the Equal Pay Act of a female assistant professor who alleged that she was paid less than male colleagues in her department. Robertson v. Va. State Univ., 2024 BL 140770, E.D. Va., 3:23cv777 (DJN), 4/24/24

Case: Disability Discrimination/Failure to Accommodate (D.D.C.)

A District of Columbia federal district court granted summary judgment to Functional Pathways, LLC on a failure to accommodate claim under the D.C. Human Rights Act of an occupational therapist who alleged that Functional Pathways denied her request for an extended leave of absence. Campbell v. Functional Pathways, LLC, 2024 BL 143735, D.D.C., 23-1507 (BAH), 4/26/24

Case: Discrimination/Retaliation (D.D.C.)

A District of Columbia federal district court largely granted summary judgment to Crown Building Maintenance on the claims of a Hispanic service technician that he was subjected to a hostile work environment and retaliated against for complaining, in violation of Section 1981 and D.C. law. Flores v. Crown Bldg. Maint., Co., 2024 BL 141948, D.D.C., 23-275 (JEB), 4/25/24