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Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s so-called “80/20/30 Rule” that governed how tipped employees must be paid under the Fair Labor Standards Act (FLSA). The Fifth Circuit found the Rule was inconsistent with the text of the FLSA, and was arbitrary and capricious. 




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USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court

On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act (USERRA).1 The case was brought by pilots who served in the Air Force Reserves who were seeking from their civilian employer sick leave and vacation accruals during periods of military leave.




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Legal Battles Cloud Tipped Wage Limits After Fifth Cir. Ruling

David Jordan discusses the framework of the 80/20 tip-credit rule and its current impact on employers after the Fifth Circuit’s recent decision leaves a version of the rule up for questioning.

Bloomberg Law

View (Subscription required)




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Littler Lightbulb: August Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fifth Circuit Vacates DOL Tip Credit Rule




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Littler Lightbulb: September Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms




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California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers

Employers with operations in California are all too familiar with how state and local officials continue to restrict the access employers have to public records, including criminal history information.1 For example, lengthy delays in completing standard criminal background checks are now routine in California.2 Apart from criminal background checks, many employers rely on motor vehicle record checks (MVRs) to vet candidates for positions that require driving as part of the job.  In Doe v. California Dept.




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Employer Tab for Exiting Pensions at Stake in High Court Appeal

Sarah Bryan Fask says a decision clarifying when employers can exit union-brokered pension plans “potentially opens up the floodgates for a lot of employer uncertainty.”

Bloomberg Law

View (Subscription required)




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Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute.  Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary.  At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot.  Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th




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Littler Lightbulb: Labor & Employment Appellate Roundup

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal.




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Littler Lightbulb – December Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.




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Littler Lightbulb – February Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month.

At the Supreme Court




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Littler Lightbulb – May Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments

On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.




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Littler Lightbulb – October Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Littler Lightbulb: April Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Littler Lightbulb – June Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court




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Dartmouth basketball vote shows unionization ‘can happen anywhere,’ attorney says

Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union.

HR Dive

View (Subscription required.)




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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.




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UK: Fire and rehire – where are we now and what happens next?

  • A recent UK Supreme Court decision restored an injunction preventing an employer from using the practice of “fire and rehire” to push a change in benefits through.
  • The UK Government also recently published the draft Employment Rights Bill, which contains major proposed reforms to “fire and rehire” and “fire and replace” practices.




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Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate

  • New statewide paid sick and safe time law would take effect on May 1, 2025.
  • Law would allow employers to limit annual use to either 40 or 56 hours, limit carryover to 80 hours, but is silent on accrual caps.
  • Notice obligations would begin before law takes effect.




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Nebraskans Appear to Have Overwhelmingly Approved Paid Sick Time Ballot Measure

  • New statewide paid sick time law would take effect on October1, 2025.
  • Law would allow employers to limit annual accrual and use to either 40 or 56 hours, but is silent on carryover caps.
  • Notice obligations would begin before law takes effect.




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Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

  • The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options.
  • The OCA emphasized that the employee had executed the settlement documents with the benefit of legal advice and that they clearly released the employee’s entitlement to the damages claimed.




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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

  • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
  • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
  • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA’s success has resulted in fewer unions & what might happen under a new administration in DC

Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

Labor Union News

Listen




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Edited out : a mysterious detective mystery / E. J. Copperman.

Mystery author Rachel Goldman is getting used to the idea that her fictional creation Duffy Madison has somehow taken flesh-and-blood form and is investigating missing person cases not far from where Rachel lives. Wait. No. She’s not getting used to it at all, and the presence of this real-life Duffy is making her current manuscript—what’s the word?—lousy. So she doesn’t want to see Duffy—the living one—at all. To make matters worse, when he shows up at her door and insists on talking to her, it’s about the one thing she doesn’t want to do: Find a missing person. But the man Duffy seeks this time around might be able to solve Rachel’s problem. He might just be the man Duffy was before he became Duffy five years ago. The only problem is she could be letting Duffy lead her into danger yet again… Entertaining and witty, the second in E.J. Copperman's Mysterious Detective Mystery series Edited Out will delight his fans, both new and old.




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Why irrational politics appeals : understanding the allure of Trump / Mari Fitzduff, editor.





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Summer School 3: Accounting and The Last Supper

Usually, the first class that an MBA student takes is accounting. That involves, yes, equations and counting widgets...but it's more than that. Inside the simple act of accounting is a revolutionary way of thinking not just about a business, but about the world. A universe where all the forces are in balance. Accounting gives you a sixth sense–one that can help you determine whether your business will survive or fail.

In this class, you'll learn the basics of accounting, and uncover its origins. We'll introduce you to the man who helped it spread around the world. He was a monk, a magician, and possibly the boyfriend of Leonardo da Vinci.

Is accounting... sexy?

Yes. Yes it is.

Find all episodes of Planet Money Summer School here.

This series is hosted by Robert Smith, and produced by Max Freedman. Our project manager is Julia Carney. This episode was edited by Sally Helm and engineered by Robert Rodriguez. The show is fact-checked by Sierra Juarez. Planet Money's executive producer is Alex Goldmark.

Help support Planet Money and get bonus episodes by subscribing to Planet Money+ in
Apple Podcasts or at plus.npr.org/planetmoney.

Learn more about sponsor message choices: podcastchoices.com/adchoices

NPR Privacy Policy




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How unions are stopped before they start

Union membership in the U.S. has been declining for decades. But, in 2022, support for unions among Americans was the highest it's been in decades. This dissonance is due, in part, to the difficulties of one important phase in the life cycle of a union: setting up a union in the first place. One place where that has been particularly clear is at the Volkswagen plant in Chattanooga, Tennessee.

Back in 2008, Volkswagen announced that they would be setting up production in the United States after a 20-year absence. They planned to build a new auto manufacturing plant in Chattanooga.

Volkswagen has plants all over the world, all of which have some kind of worker representation, and the company said that it wanted that for Chattanooga too. So, the United Auto Workers, the union that traditionally represents auto workers, thought they would be able to successfully unionize this plant.

They were wrong.

In this episode, we tell the story of the UAW's 10-year fight to unionize the Chattanooga plant. And, what other unions can learn from how badly that fight went for labor.

This episode was hosted by Amanda Aronczyk and Nick Fountain. It was produced by Willa Rubin. It was engineered by Josephine Nyounai, fact-checked by Sierra Juarez, and edited by Keith Romer. Alex Goldmark is our executive producer.

Help support Planet Money and get bonus episodes by subscribing to Planet Money+
in Apple Podcasts or at plus.npr.org/planetmoney.

Learn more about sponsor message choices: podcastchoices.com/adchoices

NPR Privacy Policy




ppe

How unions are stopped before they start (Update)

(Note: This episode originally ran in 2023.)

Union membership in the U.S. has been declining for decades. But, in 2022, support for unions among Americans was the highest it's been in decades. This dissonance is due, in part, to the difficulties of one important phase in the life cycle of a union: setting up a union in the first place. One place where that has been particularly clear is at the Volkswagen plant in Chattanooga, Tennessee.

Back in 2008, Volkswagen announced that they would be setting up production in the United States after a 20-year absence. They planned to build a new auto manufacturing plant in Chattanooga.

Volkswagen has plants all over the world, all of which have some kind of worker representation, and the company said that it wanted that for Chattanooga too. So, the United Auto Workers, the union that traditionally represents auto workers, thought they would be able to successfully unionize this plant.

They were wrong.

In this episode, we tell the story of the UAW's 10-year fight to unionize the Chattanooga plant. And, what other unions can learn from how badly that fight went for labor.

This episode was hosted by Amanda Aronczyk and Nick Fountain. It was produced by Willa Rubin. It was engineered by Josephine Nyounai, fact-checked by Sierra Juarez, and edited by Keith Romer. Alex Goldmark is our executive producer.

Help support Planet Money and get bonus episodes by subscribing to Planet Money+
in Apple Podcasts or at plus.npr.org/planetmoney.

Learn more about sponsor message choices: podcastchoices.com/adchoices

NPR Privacy Policy




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Doppelgangers

The term can refer to a double, a ghost, a shadow. But it can mean much more. From our online mirror world, to digital simulators, to the Earth's twin--TED speakers learn from the uncanny second self. Guests include author Naomi Klein, aerospace engineer Karen Willcox, planetary scientist Sarah T. Stewart and psychologist Nancy Segal.

TED Radio Hour+ subscribers now get access to bonus episodes, with more ideas from TED speakers and a behind the scenes look with our producers. A Plus subscription also lets you listen to regular episodes (like this one!) without sponsors. Sign-up at plus.npr.org/ted.

Learn more about sponsor message choices: podcastchoices.com/adchoices

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Brexit: how did it happen, political impact, shock in Britain

The following is a list of University of Toronto experts who can comment on Brexit: how did it happen, political impact and shock in Britain. *Please see U of T News story on the vote. Check in throughout the day for reaction from our experts Randall Hansen, Professor of Political Science at Munk School of Global […]



  • Breaking News Experts

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New long-lived greenhouse gas discovered by University of Toronto chemistry team - Chemical appears to have highest global-warming impact of any compound to date

Chemical appears to have highest global-warming impact of any compound to dateTORONTO, ON - Scientists from U of T’s Department of Chemistry have discovered a novel chemical lurking in the atmosphere that appears to be a long-lived greenhouse gas (LLGHG).  The chemical – perfluorotributylamine (PFTBA) – is the most radiatively efficient chemical found to date, […]



  • Arts
  • Environment & Natural Resources
  • Science
  • University of Toronto

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When Does Dr. Fauci Think "Normal" Will Happen?

Dr. Anthony Fauci, the top infectious disease expert in the U.S., returns to HBR Now to discuss the latest coronavirus surge, his expectations for a more effective vaccination roll-out, and when we can expect to restart our normal lives.




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How Precision Measurement Tool Help Wave Worshippers Catch the Ultimate Barrel

Today, most surfboards are made with a CNC machine. 3D metrology laser trackers can assist with critical quality control safeguards to ensure the CNC machine is doing its job properly.




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Glass Slipper

Glass Slipper by Lisa Keene is a(n) Limited Edition. The Edition is Limited to 95 pcs




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The Beneficial Properties of Small Diameter Copper Tube for Heat Exchangers

Manufacturers are designing a new generation of heat exchangers with more advantages over present designs.




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iMarket Solutions Appears on the Inc. 5000

Inc. magazine revealed that iMarket Solutions is No. 4987 on its annual Inc. 5000 list.




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Ductwork Remains an Untapped Market for Many HVAC Contractors

Ducts play a crucial role but are often overlooked.




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Optimizing HVACR Efficiency with Smaller Diameter Copper Tubes

Efficient refrigeration and HVAC systems are essential to energy management and operational cost of residential, commercial, or industrial buildings.




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Upper-Room UVGI: An Infectious Disease Control Strategy

The pandemic has marked a turning point for an underutilized technology for infectious disease control in buildings.




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Grace Hopper and the Rebirth of US Conferences

Posted by Dave Aitel via Dailydave on Oct 10

I spent some time watching all the Grace Hopper videos on the youtubes, as
I prepared for what up North is a horrible storm, but here in Miami is, so
far, a breezy and clear day. You can hear her talk about how subroutines
used to be literal handwritten pages of instructions in notebooks. When you
wanted SIN or COS you would go over to whoever had the notebook with the
working version, and copy it out into your code.

It was this experience that...




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Episode 120: OCL with Anneke Kleppe

In this episode we're talking to Anneke Kleppe about model-driven software development and language engineering. We start with her involvement in the creation of the Object Constraint Language (OCL) and discuss the intial expactations, actual experiences, and the place of OCL in the current day. From here, Anneke talks us through her take on the formative years of UML and MDA. From here, we expand to the realm of Domain-Specific Languages and Anneke discusses their place in software engineering in general and why we should expect DSLs in significant numbers to become a common sight.




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Episode 121: OR Mappers with Michael Plöd

In this episode, Michael Plöd is interviewed about Object-Relational Mapping technology. He talks about the common concepts, compares the range of different tools that go by this name, and goes into the design and architectural consequences of using an OR mapper.




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Episode 180: Leading Agile Developers with Jurgen Appelo

In this episode Michael interviews Jurgen Appelo on the topic of leading agile developers.




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Episode 205: Martin Lippert on Eclipse Flux

Eberhard Wolff talks with Martin Lippert of Pivotal about the Eclipse Flux project. This projects is in its early stages — and has a very interesting goal: It aims to put software development tools into the cloud. It is a lot more than just an IDE (integrated development environment) in a browser. Instead the IDE […]




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SE-Radio Episode 310: Kirk Pepperdine on Performance Optimization

Kirk Pepperdine talks with Diomidis Spinellis about performance optimization. Topics include development practices, tools, as well as the role of software architecture, programming languages, algorithms, and hardware advances.




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Episode 371: Howard Chu on the Lightning Memory Mapped Database (LMDB)

Howard Chu, CTO of Symas Corp and chief architect of the OpenLDAP Project, discusses the key technical features of the Lightning Memory-mapped Database (LMDB) that make it one of the fastest, most efficient and safest embedded data stores in the world.




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Episode 435: Julie Lerman on Object Relational Mappers and Entity Framework

Julie Lerman discusses Object Relational Mappers and Entity Framework with Jeremy Jung.




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Episode 435: Julie Lerman on Object Relational Mappers and Entity Framework

Julie Lerman discusses Object Relational Mappers and Entity Framework with Jeremy Jung.