Author Archives: aulaborlawforum

Update to Overtime Eligibility Coming Soon

By: Brad O’Neil  Effective December 1, 2016, an update to the Fair Labor Standards Act’s (FLSA) overtime provisions will automatically extend overtime pay eligibility to 4.2 million workers.  The update will entitle full-time salaried workers making less than $47,476 a year ($913 per week) to overtime pay when they work more than 40 hours per […]

abercrombie blog

Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc.

Recent triumph for faith in the workplace.

Young v. United States Parcel Service

By Andrea De Leon In Young v. United States Parcel Service, Inc., the Supreme Court of the United States was tasked with deciding whether the Pregnancy Discrimination Act (PDA) requires an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar, but not pregnancy-related, work limitations. […]

Pacific Lutheran University, 361 NLRB No. 157 (2014)

By Nicholas Gleichman In its analysis, the National Labor Relations Board restructured its standard for evaluating when to assert jurisdiction over colleges and universities holding themselves out as religious institutions. See N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490 (1979). Additionally, the Board considered the level of control that faculty members need to exert […]

New Board Decision Could Mean Bargaining Rights for University Faculty

By Michael Poupore In December of 2014, the NLRB upheld union rights for a group of full-time contingent faculty members at Pacific Lutheran University in Tacoma, Washington. Pac. Lutheran Univ., 361 N.L.R.B. No. 157 (Dec. 16, 2014).  The decision departed from the general rule that faculty at private universities are not protected under the National […]

Massachusetts becomes Fourth State to Sign Domestic Workers’ Bill of Rights into Law

BY Christopher Valencia On July 2, 2014, Governor Deval Patrick signed the Massachusetts Domestic Workers’ Bill of Rights into law. See Massachusetts Bill of Rights, National Domestic Workers Alliance, http://www.domesticworkers.org/mass-bill-of-rights (last visited Nov. 17, 2014). Under the new law, a domestic worker is defined as “an individual or employee who is paid by an employer […]

Colbert v. Department of Veterans Affairs: A Finding of Whistleblowing Activity

By Berna Shamansurova A Department of Veterans Affairs employee made a nonfrivolous allegation of a protected disclosure when he disclosed facts about an allegedly improper medication distribution procedure. He also alleged that veterans were given unauthorized access to restricted hospital areas. The Merit Systems Protection Board held that disclosure was a “contributing factor of the agency’s […]

Mandated Sick Leave Debate: Is there a middle ground?

by Lorna Lunney The debate over mandatory sick leave continues to challenge state and city governments across the country. Most recently, Philadelphia fell one vote short for mandatory sick days leaving 180,000 workers without the benefit. This vote followed the second time Mayor Nutter vetoed a bill that would allow hourly workers without earned sick […]

Joint Employers Smoked Out of Hiding

By Nicholas J. Gleichman On July 29, 2014, General Counsel of the National Labor Relations Board, Richard F. Griffin issued a statement instructing regional offices to include McDonald’s USA LLC as a “joint employer” with its franchisees in 43 pending unfair labor practices cases. This development comes two months after a wave of fast food […]

EEOC Files First Lawsuits to Protect Rights of Transgender Workers

EEOC Files First Lawsuits to Protect Rights of Transgender Workers by Kathryn Kimball In September, the Equal Employment Opportunity Commission (EEOC) filed the first lawsuits seeking to protect the rights of transgender workers under the Civil Rights Act of 1964. The two cases are similar but were filed in different federal courts – one in […]