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Issue: Fall-Winter 2018

Committee News

Three new supplements were recently published by the Committee:

  • The Uniformed Services Employment and Reemployment Rights Act, Second Edition, 2018 Cumulative Supplement, George R. Wood and Ossai Miazad, Editors-in-Chief; the 2018 Supplement updates the treatise with analysis of cutting-edge benefits issues including:
    • Coverage of all relevant USERRA decisions in 2017
    • A review of all relevant reinstatement cases in 2017 affecting employers, including an analysis of all factors affecting reinstatement
    • A discussion of USERRA's application of the motivating factor test for discrimination and retaliation claims in 2017 decisions
    • Remedies and enforcement mechanisms
  • The Fair Labor Standards Act (Third Edition), 2018 Cumulative Supplement, Aaron D. Kaufmann, Dennis M. McClelland, and Nantiya Ruan, Editors-in-Chief (2018 Cumulative Supplement); Topics examined include claim arbitration, collective action litigation, "hybrid" actions, DOL enforcement actions, independent contractor and joint employer issues, and point-by-point evaluations of each exemption. Highlights of the 2018 Cumulative Supplement include:
    • Extensive treatment of the U.S. Supreme Court decisions in Epic Systems v. Lewis and Encino Motorcars v. Navarro
    • New FLSA amendments, including the amendment to Section 3(m) tip credit rule, exclusions for certain minor league baseball players and insurance adjusters, and breaks for nursing mothers
    • Important DOL opinion letters and guidance, both new and reissued
    • New case law on conditional certification and decertification
    • Judicial treatment of compensable time, including decisions post- Integrity Staffing Solutions v. Busk
  • Wage and Hour Laws: A State-by-State Survey (Third Edition), 2018 Supplement, Gregory K. McGillivary, Editor-in-Chief; Wage and Hour Laws: A State-by-State Survey, Third Edition provides a thorough analysis of each state's wage and hour laws, wage payment laws, and common law wage actions: The 2018 Cumulative Supplement brings coverage current through December 2017, with highlights including:
    • A new section for each of the 50 states, Puerto Rico and the District of Columbia covering their Equal Pay Acts and the substantive claims, remedies, and provisions protecting against retaliation against such claims
    • Coverage of new cases under D.C.'s new class action wage provisions discussing overtime, minimum wage, and liquidated damages for 3 times the backpay recovered
    • Private Attorney General Actions under California law that are being used to avoid mandatory arbitration agreements
    • Class actions in Pennsylvania where the portal provisions are not applied to preliminary activities