Daily Labor Report®

The National Labor Relations Board (NLRB) seal hangs inside a hearing room at the headquarters in Washington, on Sept. 30, 2019.

Labor Board Resumes Union Elections After Brief Suspension

61 Million Workers Get Virus-Related Paid Leave: DOL

Latest Stories

Bofi Bank, Auditor Move Toward Trial in Whistleblower Dispute

BofI Federal Bank and a former bank auditor who says he was fired in retaliation for disclosing the bank’s alleged misconduct will go to trial on several claims brought by both parties, a California federal court ruled.

Packaging Company Cited for Amputation Hazards at N.J. Facility

A New Jersey packaging manufacturer faces $151,329 in safety citations after an employee suffered an amputation in September 2019.

DuPont de Nemours Worker Lacks Proof Addiction Prompted Ouster

A longtime E.I. DuPont de Nemours & Co. employee failed to show he was forced out because of his drug and alcohol addiction, not his violation of a workplace safety rule, the Northern District of Ohio ruled.

Live-In Humana Caregivers Win on Some Overtime Claims

A group of live-in home healthcare employees who worked 24-hour shifts must continue to litigate overtime claims against Humana, after a Connecticut federal judge ruled that there were still several unresolved factual issues over their work hours, breaks, and pay rate.

Uber Judge Says Ordering Sick Pay Could Backfire on Drivers (1)

A federal judge signaled he’s reluctant to order Uber Technologies Inc. to provide sick pay for California drivers infected with the coronavirus because of the risk they’d lose benefits under federal law.

Labor Board Resumes Union Elections After Brief Suspension

The National Labor Relations Board will resume conducting union elections on April 6, the board announced Wednesday.

White-Collar Job Security Exposes Huge Gap With Service Industry

Chief Executive Horacio Rozanski told employees Wednesday that Booz Allen Hamilton Inc. would set aside at least $100 million to guarantee their jobs over the next three months as the Covid-19 pandemic rocks the world economy.

The H-1B Visa: A Brief History From Truman to Trump

The history of the H-1B visa from its origins in 1952, when Harry S. Truman was president, to the major developments since Trump’s “Buy American and Hire American” executive order.

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Sun is Setting on Poland's Coal Industry

In Brief

Case: Wage & Hour/Exclusivity of Remedies (6th Cir.)

A Michigan-based restaurant worker who filed two separate lawsuits seeking unpaid overtime under the Fair Labor Standards Act and damages under the Racketeer Influenced and Corrupt Organizations Act can pursue the RICO claims against an Italian dining chain that used questionable timekeeping practices, but only for damages distinct from unpaid wages, the Sixth Circuit ruled. The practices—purportedly involving two separate timecards for regular and overtime hours and payment for overtime hours in cash at the regular rate—allegedly constitute a “common illegal enterprise” designed to evade taxes, defraud insurance carriers, and deprive employees of pay, the court noted. The FLSA, whose remedial scheme is specifically tailored to wage and hour protections, precludes RICO claims that seek to recover lost wages, but doesn’t foreclose actions for other damages even if the underlying conduct violates both laws, the court said. The case is Torres v. Vitale, 2020 BL 118632, 6th Cir., 19-1515, 3/31/20. Torres v. Vitale, 2020 BL 118632, 6th Cir., 19-1515, 3/31/20

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Case: Discrimination/Hiring (D. Md.)

A job applicant for a position as a preferred transition specialist trainee with Merrill Lynch, whose conditional job offer was withdrawn when she failed a background check, didn’t show that the company rejected her application because of her Nigerian national origin, a Maryland federal court ruled. She only “vaguely” accused a Merrill Lynch employee of making statements about Nigerians being prone to fraud, she wasn’t qualified for the position or any position with Merrill Lynch, as her having served a four-day sentence for a petit larceny conviction barred Merrill Lynch from hiring her under the Federal Deposit Insurance Act and Financial Investment Regulatory Authority rules, and she failed to present any evidence that the de minimis exception to the banking rules applied, the court said. The case is Uwasomba v. Merrill Lynch , Pierce, Fenner & Smith Inc., 2020 BL 120091, D. Md., RDB-18-2520, 3/31/20. Uwasomba v. Merrill Lynch , Pierce, Fenner & Smith Inc., 2020 BL 120091, D. Md., RDB-18-2520, 3/31/20

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Featured Courts

U.S. Supreme Court

Race Bias Harder to Prove Under High Court’s Comcast Ruling (1)