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The U.S. Labor Department (DOL) has revoked a Trump-era policy that reduced the pre-litigation amount an employer would have to pay to settle with the DOL for violating the Fair Labor Standards Act (FLSA) by deemphasizing the use of liquidated damages in settlement discussions.
Under the FLSA, employers who fail to properly pay minimum wages, overtime compensation, or violate the protections for tipped employees are liable for the unpaid wages and for an additional, equal amount, called liquidated damages (i.e., double the back pay the employer owes). Before June 23, 2020, it had been the policy of the DOL’s Wage and Hour Division (“WHD”) to seek liquidated damages in most pre-litigation settlement discussions with employers. However, in May 2020, then-President Trump issued an Executive Order purportedly directing agencies to use deregulatory actions to encourage economic recovery in the wake of the COVID-19 pandem
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Over the past year, the viability of the “Contract Bar” rule has been far from certain. After considering whether to (1) rescind the doctrine, (2) retain it in its current form, or (3) modify it, the National Labor Relations Board (the “Board”) unexpectedly decided to retain the Contract Bar rule in its current form.
The Contract Bar rule prohibits union decertification or any other petition challenging a union’s representative status while a Collective Bargaining Agreement (“CBA”) is in effect. This bar, however, is limited to three years in duration. The rule usually has the effect of limiting the filing of decertification and other petitions to a narrow window of time towards the end of the CBA’s duration. While the Board previously indicated its willingness to reconsider the Contract Bar rule, in
The Docket: Real estate lawsuit roundup for 4.22.21
DIA Land Co., LLC v. Sixt Rent a Car, LLC
Plaintiff says defendant holds a commercial lease, dated on/about April 8, 2018, and assigned to plaintiff Aug. 28, 2019, for real property and improvements at 25200 E. 68
th Ave., an airport parking facility near Denver International. The term is through Dec. 21, 2023, plaintiff says, and when the premises were expanded, beginning Jan. 1, 2019, the annual base rent was set at $720,000, to be paid monthly, and rising to $810,366.36 for the final year of the contract. Plaintiff says it provided significant assistance during the pandemic and that defendant reaffirmed its commitment to the premises and said it had plans for expansion, but in/around the week of Aug. 17, 2020, defendant abandoned the premises, removing property, and has caused damages. Plaintiff says the rent obligation due and owing is in excess of $2,372,381.55.
originally appeared in BusinessDen, a BizWest news partner.
Colorado workers who believe they have been mistreated at work because of their identity are increasingly turning to the courts to adjudicate. And the plaintiffs are equal opportunity litigants.
In 2020, workplace discrimination claims made up a third of employment disputes in Colorado 217 out of 638 complaints reviewed, according to data compiled by BusinessDen. That’s up more than 200 percent from 2017, when 66 employment discrimination complaints were filed in Colorado civil court out of 537 employment lawsuits.
Between 2017 and 2018, the percentage of cases citing violations of the Colorado Anti-Discrimination Act, Title VII of the Civil Rights Act and/or the Americans With Disabilities Act nearly doubled, making up 198 of the 641 employment lawsuits filed that year.
Workplace discrimination lawsuits skyrocket in Colorado businessden.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from businessden.com Daily Mail and Mail on Sunday newspapers.