Lawsuits filed to stop DOL overtime rule
On Sept. 20, a coalition of more than 55 Texas and national business groups, including the U.S. Chamber of Commerce, filed a lawsuit in federal court in Texas. The lawsuit asks the court to vacate and set aside the Department of Labor's new overtime rule, set to take effect Dec. 1. Further, it asks the court to issue an injunction, postpone the effective date of the overtime rule, and to maintain the status quo, pending the court's review of the lawsuit.
A second lawsuit was also filed by the attorney generals of Nevada, Texas and 21 other states to enjoin the new rule.
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Machinists union abandons unit in Omaha
This month, Mike Zinser looks at a newspaper that withdrew recognition of a bargaining unit, legislation that would limit the Department of Labor's Final Rule on overtime, and whether Title VII covers sexual orientation.
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Outside sales exemption is constitutional
Ohio Supreme Court upholds a minimum wage amendment in the Ohio Constitution that states, in pertinent part, that "employer," "employee," "person" and "independent contractor" all have the same meanings as they do under the Federal Fair Labor Standards Act.
While not specifically discussing this case, federal law also excludes from the Wage and Hour Law individuals who deliver newspapers to the consumer. The same exclusion should also apply under Ohio law.
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When the public notice is the story
The Advocate's use this week of a public notice ad as artwork with a Page 1 article underscores the importance of publishing public notices in newspapers.
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FOIA Machine would break logjam for public records
In addition to helping automate the process of making and tracking requests for public records, FOIA Machine will also create a community of users to share expert tips and strategies.
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There's an app for calculating certain FMLA leave
Calculating FMLA leave can be challenging for employers, but now there is a free tool that makes the calculation simple – an app for tablets and smart phones.
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NLRB to revisit employee use of employer email
On Aug. 1, the National Labor Relations Board invited interested parties to file briefs on whether the board should adhere to, modify or overrule Purple Communications – a case (decided by the Obama Board) that held employees who had been given access to their employer's email system for work-related purposes have a presumptive right to use that system, on non-working time, for communications protected by Section 7 of the National Labor Relations Act (union organizing activity).
MoreSupreme Court rejects NLRB position on class action arbitration waivers
On May 21, the United States Supreme Court issued its long awaited decision in Epic Systems Corp v. Lewis. Justice Gorsuch delivered the opinion of the court. Rejecting the position of the National Labor Relations Board, the court ruled that employers and employees may lawfully agree that any disputes between them will be resolved through one-on-one arbitration. The court ruled that under the National Labor Relations Act, employees do not have the right to file class or collective actions, no matter what they agreed with their employer.
MoreTransparency is important in subscription campaigns
To drive revenue, publishing companies are increasingly producing "premium editions" for their newspapers.
Many legal issues must be considered when preparing newspaper subscription promotions. What you communicate about "premium editions" – the cost and how they impact the length of a newspaper subscription can be critical, legally. These legal issues were brought into sharp focus in a recent lawsuit.
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