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IAML Insights

April 24, 2018

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for agreeing not to “solicit, recruit, hire without prior approval, or otherwise compete for employees” (collectively...

April 23, 2018

Of course he does! If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big favor. Watching the Reverend on TV used to be one of my guilty pleasures in the 1980s. Once you see this...

April 20, 2018

Last week, the Department of Labor Wage and Hour Division resumed its practice of publishing Opinion Letters. One of the first it published answers an interesting question about the intersection of the FLSA and the FMLA. Must an employer pay an employee for FMLA-approved breaks taken during the work day? I’ve taken some journalistic...

April 19, 2018

Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect retaliation...

April 18, 2018

Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act.  It was a welcome change as far as the employer community was concerned. Then we waited. And waited. Finally, the day came: April 12, 2018. We...

April 17, 2018

One court says yes, but it's complicated. How quickly things change. Last week, I was all mellow about the gender pay gap.Then, on Monday, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Rizo v. Yovino, finding that salary history was not a legitimate "factor other than sex" to use in determining pay...