Third Circuit Adopts Majority Approach for Determining Whether Time Spent Donning and Doffing Must Be Compensated Under the FLSA

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee’s principal activities of employment, and therefore, whether time spent donning and doffing should be compensable under the federal Fair Labor Standards Act […]

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U.S. Department of Labor Issues Proposed Rule Amending Salary-Level Requirements for White Collar Exemptions Under The Fair Labor Standards Act

On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours

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Retaliation Claims Are On The Rise

In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, John Baker, Attorney, joins the chat titled “Retaliation Claims are on the Rise. Jeff and John cover various instances of retaliation complaints and provisions, while also presenting examples of protected activity of employees and adverse

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New Admissions Lawsuit Follows Affirmative Action Supreme Court Decision

On July 3, 2023, the Chica Project, African Community Economic Development of New England (ACEDONE), and Greater Boston Latino Network (GBLN) (collectively the “Complainants”) filed a civil rights Complaint with the Department of Education alleging that Harvard College’s (“Harvard”) continued use of “Donor and Legacy Preferences” violates Title VI of the Civil Rights Act of 1964 (“Title

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Equal Employment Opportunity Commission (EEOC) Filings Surged According to Recently Released Statistics

The EEOC is responsible for administering a number of employment laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and others. Those statutes require potential plaintiffs to file a charge with the EEOC (or state equivalent) before going to court

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