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Labor Department Finalizes Rule Establishing More Balanced Test for Determining Joint Employment Under the FLSA

20-019 | 24 Jan 2020
DOL’s new standard for determining joint employer liability under the FLSA recognizes the complexities of the modern workplace, and articulates a balanced test that focuses on issues that are truly relevant to the joint employment determination.

MEMBER FEEDBACK REQUESTED: CWC’s Year-End Round-Up of Our Previously Reported 2019 State and Local Employment Law Developments

20-018 | 24 Jan 2020
CWC’s year-end round-up capsulizes all of the significant state and local employment law developments that we reported on in 2019.

CWC’s Quick Reference Guide To Setting – or Resetting – Your Annual AAP Cycle

20-017 | 24 Jan 2020
Although many federal contractors set their AAPs on a calendar year basis, OFCCP does not require it. Our memo covers some of the basic considerations to look at in deciding on whether to set a different annual AAP cycle.

Ruling by D.C. Circuit in Constellium v. NLRB Lends Credence to Notion That Blatantly Offensive Speech Should Not Be Protected Under Federal Labor Law

20-016 | 24 Jan 2020
This ruling by the influential U.S. Court of Appeals for the D.C. Circuit suggests that the National Labor Relations Board is on the right track in deciding to reconsider the test the NLRB applies that often results in protecting offensive speech that by anyone else’s judgment would be considered blatantly discriminatory.

Latest Ruling by Eighth Circuit in Long-Running CRST Van Expedited Case Confirms $3.3 Million Fee Award Against EEOC for Bringing Frivolous Lawsuit

20-015 | 24 Jan 2020
In a lawsuit that was originally brought by the EEOC in 2007 and that has gone all the way up to the U.S. Supreme Court and back, the Eighth Circuit Court of Appeals has once again confirmed a multi-million dollar fee award against the agency for bringing claims that were “frivolous, unreasonable and/or groundless.”

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