Biz Help Gets Court OK on Joint Employer

A half-dozen business advocacy groups got the judicial OK this week to intervene in defending the Department of Labor (DOL) joint employer definition and the regulatory test pertaining thereto.  A federal judge sitting on the US District Court for the Southern District of New York granted the request of the US Chamber of Commerce, the…

Read More »

DC Circuit Court Tosses Labor’s Suit over COVID-19

A three judge panel of the US Circuit Court of Appeals for the District of Columbia yesterday threw out a lawsuit brought by the AFL-CIO seeking to mandate that employers be required to protect employees from the COVID-19 pandemic. The labor federation had filed legal action last month trying to force the Occupational Safety and…

Read More »

In-N-Out Joins Business Interruption Insurance Lawsuit

A legal challenge against insurance providers for denying losses claimed as a result of the coronavirus pandemic welcomed another voice last week. In-N-Out Burger, the privately-held California-based burger company filed suit against Zurich American Insurance, with which the chain has a $250 million “all risk” policy. The company argues their coverage policy “contains no exclusion…

Read More »

Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

Read More »

EEOC Ordered To Continue Pay Data Collection

Apparently, election results don’t matter in some of the nation’s courts! A federal judge in Washington, DC this week ordered the Equal Employment Opportunity Commission (EEOC) continue collecting pay data for 2017 & 2018 as required by the Obama administration – despite the fact that the Trump administration reversed that agency mandate!! You’ll recall that…

Read More »

Court Sets September 30 for EEO-1 Reporting

Yesterday, the federal court for the District of Columbia formally set September 30, 2019 as the deadline for employers to submit “Component 2” data from the EEO-1 form. The Equal Employment Opportunity Commission (EEOC) has been battling challengers in court over the effective date, when employers must submit information on employee compensation and hours worked,…

Read More »

No Clarity Yet from Court on EEO-1 Deadline

Despite another hearing having been held this week in the federal court in DC, there is no further clarification on the final deadline for submission of pay data in the court challenge brought by advocates. The court this week admonished EEOC for not having their act together and for removing the requirement completely earlier this…

Read More »

DC Circuit Decides Browning-Ferris, sort of

On December 28th, the D.C. Circuit Court of Appeals issued its long-awaited Browning-Ferris Industries appeal decision – nearly two years after oral arguments were presented in the case. In a 2-1 split decision, the court found that BFI should not be considered a joint employer, but at the same time found that the analytical structure with which the…

Read More »

Court Struck Obamacare, But It’s Still Law

A word of caution . . . despite the fact that a federal district court in Texas ruled two weeks ago that the Patient Protection and Affordable Care Act (aka, Obamacare) was unconstitutional, it remains the law of the land. President Trump’s signing of the Tax Cuts and Jobs Act (TCJA) into law last December,…

Read More »

Dodging the Joint Employer Bullet, Again

If the questions and skepticism of two judges for the 9th US Circuit Court of Appeals are any indication, McDonalds does not meet the definition of a joint employer under California law. 9th Circuit Judges Susan Graber and Andrew Kleinfeld indicated their belief that McDonald’s relationship with its franchisees did not give it control over…

Read More »