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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

Growers Decry Overreach in Rule Aimed at Farmworker Protections

New organizing protections for seasonal farmworkers are the latest phase in a multi-part overhaul of an increasingly in-demand temporary visa program, prompting businesses to threaten a new round of litigation over what they say is an abuse of agency power.

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

Redstones, Ellison Seek to Appease Angry Paramount Investors (2)

The Redstone family and independent film producer <-bsp-person state="{"_id":"0000018f-2afb-d4b6-a98f-ffff66010000","_type":"00000160-6f41-dae1-adf0-6ff519590003"}">David Ellison have offered concessions to make a possible change in control at <-rte-company state="{"_id":"0000018f-2afb-d4b6-a98f-ffff66020000","_type":"00000160-4b23-d8bd-adfd-4b3348fd0000"}">Paramount Global more appealing to the company’s other investors, according to a person familiar with the discussions.

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/Union Unfair Labor Practices (N.L.R.B.)

The Amalgamated Transit Union was found not to be involved in the assault of a union member, nor attempting to get that union member terminated, both of which would’ve violated the NLRA. Amalgamated Transit Union, Local 689 a/w Amalgamated Transit Union AFL-CIO, CLC (Transdev North Amer, 2024 BL 143412, N.L.R.B., 05–CB–286354, 4/26/24

Case: Labor Relations/Preliminary Injunction (W.D. Ky.)

A federal court reconsidering an NLRB regional director’s request for injunctive relief concludes the regional director is entitled to a preliminary injunction under Section 10(j) of the NLRA, where it’s just and proper to rescind ADT, LLC’s unilateral changes to bargaining unit members’ employment. Nachand v. ADT, LLC, 2024 BL 142301, W.D. Ky., 3:22-MC-005-CHB, 4/25/24

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