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Domino’s Pizza Delivery Drivers File Lawsuits Against Three Colorado Franchises

Three wage and hour lawsuits were filed recently by food delivery drivers as class and collective actions against three Colorado-based Domino’s Pizza franchise groups.  The lawsuits, which were “delivered” to federal court on April 20thand 21st, seek unpaid minimum wages and overtime based on an allegedly improper expense reimbursement f...

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HR Legalist Live Presents...Discussing Managing Employee Attendance and Immigration Law

REGISTER TO ATTEND THIS EVENT VIA WEB SEMINAR: Click Here HR Legalist Live Presents... Discussing Immigration Law and Managing Employee Attendance            Date: May 2, 2018                     Time: 12:00 PM to 1:30 PM EST   Obermayer and the Center City Proprietors Association will be hosting the second installme...

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Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK are employees or independent contractors within the meaning of the Fair Labor Standards Act (“FLSA”) and similar Penn...

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The Weinstein Effect: Risk Professionals Must Go Beyond Settlements and Non-Disclosure Agreements

Originally published in CLM Magazine. See the PDF version here, or continue reading below: As autumn 2017 came to an end, we witnessed the epic fall of Hollywood elites as the Weinstein dominoes continued to topple. The fervor of the #MeToo movement indicated that the fallout extended well past the Hollywood hype and hipster elite. From the worke...

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Employers Should Know This About Today’s Marijuana Laws

Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies.  Employers can be placed in a difficult position of trying to enforce these policies, while avoiding disability discrimination lawsuits by employees who use medical marijuana outside of the workplace. Even though marij...

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Attorneys Answer Commonly Asked Questions About H-1B Visa Transfers

If an employer plans to hire an employee who is currently working for another US employer on a temporary working visa (such as an H-1B visa for highly skilled employees), the existing H-1B visa can be transferred by filing a visa transfer application. Here are some common questions about this process asked by employers and employees: Continue Read...

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A Shift On Employee Title VII Protections At 6th Circuit

Originally published on Law360   On March 7, 2018, the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission against a Michigan funeral home. The EEOC brought the case, EEOC v. R.G. & G.R. Harris Funeral Homes,[1] on behalf of Aimee Stephens, a funeral dir...

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Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC)  against a Michigan funeral home under VII of the Civil Rights Act of 1964 (Title VII).  The EEOC brought the case, EEOC v. R.G. & G....

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US Department of Labor Still Actively Investigating Per Diem Payments in the Energy Industry

Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh, an attorney with the DOL indicated that this is still an issue that they were actively investigating, especially within t...

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Second Circuit Holds That Sexual Orientation Claims are Permissible Under the Civil Rights Act

While the lesbian, gay, bisexual and transgender community has made a number of important legal advancements over the last decade, it still amazes many people to learn that, under federal law, an employee can be fired because they are gay.  Politicians, advocacy groups and courtroom litigants have worked for decades to change that.  And while...

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