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WHD Seeks Claimants for $5.6M After Illegal Employee Misclassification
July 18, 2023
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Earlier this month, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) announced it is seeking claimants for a case settlement of over $5.6 million for illegal employee misclassification. The DOL is seeking out over 1,300 affected current and former employees as claimants in the settlement. In October 2022, the DOL proposed an independent contractor rule that would apply a six-...
July 11, 2023
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FTC Guidance Focuses on Protecting Consumer Biometric Information
Recently, the Federal Trade Commission (FTC) released a policy statement addressing the use of consumer biometric information and its potential to harm consumers and violate the Federal Trade Commission Act (FTC Act). The policy statement also discussed related technologies that collect such information from consumers and included those powered by machine learning. Overall, the guidance covers ...
July 11, 2023
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California Local Minimum Wage Increases Effective July 1st, 2023
On July 1st, 2023, several California local minimum wage increases went into effect. As of January 2023, the California state minimum wage rate is $15.50 for all employers. However, many cities and counties within the state have set a higher minimum wage rate for employers within their jurisdiction. Additionally, other states had minimum wage increases that went into effect on July 1. Businesse...
OSHA Cites a Contractor $1M+ for Failing to Provide Fall Protection
July 11, 2023
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This month, the Occupational Safety and Health Administration (OSHA) announced that a construction contractor in American Samoa must pay over $1 million in new penalties for failing to provide adequate fall protection. In fact, since 2018, OSHA has cited the same contractor with 22 serious violations, including willful and repeated violations, in 26 separate inspections. Similar to the recent v...
July 5, 2023
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U.S. Supreme Court Rules on Religious Accommodation
The U.S. Supreme Court (SCOTUS) recently ruled on the standard for undue hardship in a religious accommodation case. In a unanimous decision, SCOTUS stated that “showing more than a de minimis cost” does not suffice to establish undue hardship under Title VII of the Civil Rights Act of 1964 (Title VII). Title VII left it to the court to specifically define undue hardship. In brief, the recent d...
July 5, 2023
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NLRB Judge Decides on Adverse Action for Legitimate Business Reasons
Recently, a National Labor Relations Board (NLRB) administrative law judge (ALJ) issued a decision stating that adverse employment action taken against an employee for legitimate business reasons does not violate the National Labor Relations Act (NLRA) even if the employer violated the NLRA elsewhere. Briefly, the employee had engaged in protected concerted activity in discussing wages with cow...