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Distributors can’t be forced to arbitrate misclassification claims

Truck on highway

A federal appeals court has ruled that employee misclassification claims brought by “distributors” who delivered goods from a bakery company to their retailers were not subject to mandatory arbitration. Defendant Flowers Foods, Inc., which owns subsidiary bakeries in multiple states, ...

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EEOC releases assistance document on AI and Title VII

Artificial intelligence

With a focus on preventing discrimination against job seekers and workers, the EEOC has issued a technical assistance document entitled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil ...

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EEOC updates COVID-19 guidance

Businessmen in masks bumping elbows

In the wake of the federal announcement that the COVID-19 public health emergency is over, the EEOC has issued updates to its COVID-19 technical assistance. The guidance is entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation ...

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Form I-9 flexibility halted by DHS

U.S. Department of Homeland Security

Since the beginning of the pandemic, the Department of Homeland Security (DHS) has made it easier for employers working remotely to file Form I-9. But soon that will no longer be the case. Form I-9 is used to verify the identity ...

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Music festival bartenders’ FLSA suit proceeds

Crowd at music festival

A federal court in Virginia has conditionally certified a class of bartenders and barbacks who claimed a rock festival violated the Fair Labor Standards Act, or FLSA, and Virginia law. The defendants argued that class certification wasn’t warranted because the ...

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Employee can’t bring FMLA interference claim

Scales of justice in courtroom

An employee who would have been lawfully terminated had they not taken leave under the Family and Medical Leave Act cannot prove that their employer interfered with their FMLA rights by not reinstating them, a federal appeals court has ruled. ...

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Biden administration proposes ban on use of salary history in employment offers

Job applicants waiting to be interviewed

The use of previous salary history in determining pay for federal employment offers would be prohibited under proposed regulations released by the U.S. Office of Personnel Management (OPM). The proposal states that federal agencies would not be able to consider an applicant’s ...

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A 4-day workweek is amazing — in theory

Empty office

In the world’s largest pilot project testing the four-day workweek, most employers and employees agree that the reduced schedule — responsible for more sleep, less stress, and an improved personal life — is king. But that trial took place in ...

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