recent employment law cases 2019

Equal Opportunity is the Law, Age Discrimination, Americans With Disabilities Act: All employers covered by law: Investigation by the U.S. The next term, and especially the implications of the extent of Title VII protections for employees, will be particularly influential. Build a Morning News Brief: Easy, No Clutter, Free! Let us know in the comments. The Court of Appeal … U.S. Supreme Court Issues Landmark Civil Rights Decision. Effective October 11, 2019: The Human Rights Law now explicitly includes protection in employment from harassment based on any protected class. This is a special online-only supplement to the October 2019 Chief’s Counsel: “ U.S. Supreme Court Sneak Peak.”This provides for a look back at 15 U.S. Supreme Court Cases decided during the 2018–2019 term that hold relevance for law enforcement leaders and officers. Notably, while all justices concurred in the judgment, several of the more conservative jurists (led by Justice Gorsuch) criticized the Court’s refusal to abandon Auer.9, Parker Drilling Management Services, Ltd. v. Newton. It’s hard to keep up with all the recent changes to labor and employment law. In April 2019, a jury in a California federal court awarded plaintiffs over $6 million in damages for missed meal breaks. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. The respondent in this case initially alleged sexual harassment and retaliation against her employer, but then attempted to supplement her charge by handwriting “religion” on the EEOC intake questionnaire, without amending the formal charge itself. The Court reiterated that deference cannot come into play unless the agency regulation is truly ambiguous and the agency’s interpretation is reasonable. One of the most controversial employment law cases of 2018 saw the Court of Appeal hold that a “sleep-in” care worker in residential accommodation was not entitled to the national minimum wage while asleep. The Labor Department’s move is in the same vein as the proposal unveiled by the National Labor Relations Board in September, which also aims to fundamentally alter the definition of joint employment in matters related to unionization purposes. In other words, the Court concluded that OCSLA permits state law to serve as a gap-filler for the OCS, but that federal law applied in this case because it appropriately addressed the issue.10, Preview of 2019-2020: Sex Discrimination and Fiduciary Duty on the Docket, The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. In order to make sure that you stay on top of the latest changes, here is a quick review of the Top 16 stories from last month that all employers need to know about: If this rule is adopted, it would almost certainly mean that fewer businesses would be found to be a joint employer by a court or agency when it comes to minimum wage, overtime, and other similar liability under the Fair Labor Standards Act (FLSA). We recruit, hire, develop, retain, and promote the best attorneys and staff at all levels – regardless of race, color, ethnicity, gender, religion, age, LGBTQ identification, marital status, disability, background, or viewpoint. With respect to the arbitrability question, the Court held that a court, not an arbitrator, must determine whether FAA Section 1’s exclusion applies before mandating arbitration.1. The driver had signed an agreement with the company agreeing to resolve all work disputes via arbitration. The Court will, however, address some more contentious issues next term. By using this site, you agree to our updated General Privacy Policy and our Legal Notices. In what I believe will the employment law story line of 2019, the judgment on Asda Stores Ltd v Brierley and others will be released in the first quarter of 2019. Welcome to the Fisher Phillips Careers section of our Website. It came into force on 28 June 2020. The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. The Court has taken Fort Bend County v. Employment law is ever-evolving, and 2019 is shaping up to usher in its fair share of changes. Quick Takes on 3 Recent Employment Law Cases. Council. The Board of Veterans’ Appeals, and then the Court of Appeals for Veterans Claims, affirmed that outcome. Bostock v. Clayton County, 590 U.S. … Equal Employment Opportunity Commission: U.S. 6 See Social Security Bd. Pay disparities will be deemed lawful if they are made pursuant to: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of production; or (4) a differential based on any factor other than sex. The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. 22, 2019). 25, 2019). It is not intended to be, and should not be construed as, legal advice for any particular fact situation. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Hamilton et al. 1 For a more detailed discussion of this case and how it affects employers and arbitration agreements, see Rachel Fendell Satinsky, Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption, Littler ASAP (Jan. 23, 2019). Family friendly. The company appealed to the Ninth Circuit, which affirmed the classwide designation after applying California contract law principles, construing the agreement against the company as its drafter. Another impactful case this year was that of … Next term, among other issues, the Court has agreed to consider a trio of cases to assess whether Title VII of the Civil Rights Act of 1964’s employment discrimination provision “on the basis of sex” includes discrimination based on an individual’s sexual orientation and gender identity. After being denied benefits on his first request, Kisor reopened his claim in 2006, offering supplemental records. Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement, Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption, Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation Provisions, New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions Unanswered. Welcome to the Fisher Phillips website. Tribunals have the power to impose a £5,000 ‘aggravated breach’ penalty on employers losing cases, and from 6 April 2019, the maximum limit on these penalties will rise to £20,000. In the 8-0 opinion written by Justice Ginsberg (Justice Kavanaugh did not take part in the decision), the Supreme Court held that the phrasing of § 630(b) illustrated Congress’ intent to include all state offices as employers, regardless of the number of employees. Click here to read more about how we use cookies. In Rizo, the defendant-employer alleged that the EPA’s catchall defense included consideration of an employee’s prior salary. In this 5-4 decision, the Court held that if an arbitration agreement governed by the FAA is not clear as to the parties’ intent to submit to class arbitration, class arbitration is not permitted. In Parker Drilling Management Services, Ltd. v. Newton, the Court held that the Fair Labor Standards Act, and not state law, applies to drilling platforms located in open waters governed by the Outer Continental Shelf Lands Act (OCSLA). v. Nierotko, 327 U. S. 358 (1946) and United States v. Quality Stores, Inc., 572 U. S. 141 (2014), respectively. The Court’s opinion explained that agency deference as to ambiguous regulations is “rooted in a presumption about congressional intent—a presumption that Congress would generally want the agency to play the primary role in resolving regulatory ambiguities.” The opinion stressed that such deference “serves to ensure consistency in federal regulatory law,” enabling stakeholders to plan their means of complying with laws and regulations. The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. Effective August 12, 2019: The Human Rights Law is to be liberally construed, under New York State law, without reference to any federal law that may lead to a more restrictive result. The Court also held that a court, and not an arbitrator, must determine, at the outset, whether the Section 1 exclusion applies even when the agreement delegates questions of arbitrability to the arbitrator. The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. At issue in BNSF Railway Co. v. Loos was whether a railway employer’s payments for an employee’s lost wages after an on-the-job injury should be taxable compensation under the Railway Retirement Tax Act. [2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd [PDF, 173 KB][2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd (Interlocutory Judgment of Judge J C Holden, 15 December 2020) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – no evidence that employee will be unable to pay costs if challenge does … The question presented in Mount Lemmon Fire District v. Guido was whether local government or agency bodies employing fewer than 20 workers could be considered “employers” under the ADEA. The distinction, according to the Fifth Circuit, was that in the case before it, the arbitrability claim was “wholly groundless,” and thus the arbitrator had no authority to rule otherwise. If you have any questions about these developments or how they may affect your business, please contact your Fisher Phillips attorney. Her case cycled through the courts for five years before the county raised its defense that she had not exhausted her administrative remedies with respect to the religious discrimination claim, the one surviving cause of action at that time. Straight in at the number one spot is the Landmark November 2019 case of Royal Mail Group v Jhuti which considered whether a tribunal could … As a result, on reconsideration, the VA granted him benefits beginning with the date of his motion to reopen—but not from his original application. The first two address sexual orientation, and the third gender identity.11. In a 7-2 opinion, the Supreme Court agreed with the employer’s argument and found that lost wages should be considered “active services” under the RRTA and that the employer should withhold taxes from lost wages earnings. Further, the Court reasoned that the OCSLA applied only when there was no other federal law on point. march 19, 2019: no. Employment laws tend to come in waves, with particular themes for each era. Seen any more interesting cases? © Littler var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. (read more here). The Supreme Court affirmed.4. New Prime involved a truck driver who brought suit alleging wage and hour violations against a company for which he provided driving services. The Ninth Circuit disagreed and held that prior salary – alone or in combination with other factors – could not justify a wage differential, because prior salary is not job-related and perpetuates the gender-based assumptions about the value of work that the EPA was designed to end. 5, 2019). The change is contained in Part 1 of the Employment Rights (Miscellaneous Amendments) Regulations 2019 . The Court compared the lost wages payment to payouts under the Federal Insurance Claims Administration and determinations by the Internal Revenue Service that wages do not necessarily need to be paid for active services, as previous cases had held both severance pay and back pay to be taxable wages.6 The Court qualified this finding only with the comment that payments for active service or for periods of absence from service may be considered taxable compensation under the RRTA, as long as they stem from the employer-employee relationship.7, In Kisor v. Wilkie, the Court considered whether and when courts should grant a federal agency deference to interpret its own ambiguous rules and regulations. On January 15, 2019, the Supreme Court ruled 8-0 that Section 1 of the Federal Arbitration Act (FAA) excludes from FAA coverage interstate truck drivers, even if they are independent contractors. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z. The decision has a big impact in sectors where staff are allowed to sleep at work until called upon. Long ago, child labor was common and legal. After receiving a right-to-sue letter, she filed suit alleging religious discrimination and retaliation for reporting sexual harassment. With those principles in mind, and emphasizing the importance of stare decisis, the Court retained the Auer deference and attempted to clarify its scope. For a list of key dates for 2020, see our employment law timeline. What do employers need to know about this development? 11 See James A. Paretti, Jr., Supreme Court to Decide Whether Title VII's Sex Discrimination Protections Cover Sexual Orientation, Gender Identity, Littler ASAP (Apr. Published by Brett Holubeck on August 5, 2020. In addition, the Court determined what is considered taxable compensation under the Railway Retirement Tax Act (RRTA), when federal law controls on off-shore drilling rigs, and when agencies can interpret their own ambiguous rules and regulations. 4 For a more detailed discussion of this decision, see Steve McCown and Andrew Gray, Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional, Littler ASAP (June 4, 2019). The Supreme Court reversed, holding that a “wholly groundless” exception was inconsistent with the FAA where, as in the case before it, the parties had delegated arbitrability disputes to the arbitrator. As we learn more about Justice Kavanaugh as a member of the Court and the opinions he writes in relation to more senior Justices, the Court’s compass will become clearer. The respondent in this case worked 14-day/12-hour shifts on a drilling platform on the OCS off the California coast. 2019 ELM Available Now. The agreement delegated to the arbitrator questions about the agreement’s enforceability. Find a decision from the Employment Court. et al. The case addressed whether the Veterans Administration appropriately interpreted its regulations when ruling that the petitioner, a Vietnam veteran, was not entitled to post-traumatic stress disorder (PTSD) treatment benefits related to his earlier 1982 request for PTSD benefits. TJ Simers v The Los Angeles Times. The parties agreed that the driver was a worker engaged in interstate commerce, but the company argued that because he was an independent contractor, and not an employee, the Section 1 exemption relating to “contracts of employment” did not apply. The Supreme Court decided three employment arbitration-related cases, addressed whether small local government offices fall under the Age Discrimination in Employment Act (ADEA) and determined whether the filing of an administrative charge with the Equal Employment Opportunity Commission (EEOC) is a jurisdictional prerequisite to filing suit. A.B. We have provided information to help you in evaluating whether Fisher Phillips is the employer of choice for you. Hargrove noted that federal law caps damages in cases like these at $300,000 and said Walmart does not believe the evidence supports the verdict and the company is weighing its options. Def. 2 To understand more background of the “wholly groundless” exception for threshold questions of arbitrability, see Adrienne Scheffey and Robert Friedman, Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation Provisions, Littler ASAP (Jan. 14, 2019). In this case, an employee adversely impacted by a data breach at his company sued on behalf of himself and a putative class. These cases will set the stage for the Court to consider several hotly contested legal arguments about whether sexual orientation and gender norms are included within the term “on the basis of sex” in the Civil Rights Act. The employee, however, claimed such payments were not for “active services” and, therefore, should not be considered taxable compensation. 5 See Tara Presnell and Alexandra Hemenway, U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case, Littler ASAP (Feb. 29, 2019). Below you'll find our regular round-up of legislation, case updates and helpful guides. These cases highlight interesting or topical employment cases. Henry Schein Inc. v. Archer and White Sales Inc. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. For example, the Court noted that, to be entitled to deference, an agency’s interpretation must be the official position of the agency (rather than an ad-hoc finding) and must implicate the agency’s substantive expertise. The following provides a brief overview of the significant employment cases decided this term and provides a preview of the issues on the Court’s 2019-2020 docket. A portion of those damages were allocated as lost wages due to the injury. Equal Employment Opportunity Commission Milwaukee: (800) 669-4000 (800) 669-3362: Family & Medical Leave Law (WH-1420) Employers with 50+ employees 9 For his part, Chief Justice Roberts opined that the “the distance between the majority and Justice Gorsuch is not as great as it may initially appear.” Touching on another deference doctrine, Justice Roberts added: Issues surrounding judicial deference to agency interpretations of their own regulations are distinct from those raised in connection with judicial deference to agency interpretations of statutes enacted by Congress. Photo by Tingey Injury Law Firm on Unsplash. Employment laws to watch in 2019. Only the Ninth Circuit had held that small local government offices were bound by the ADEA, whereas the Sixth, Seventh, Eighth, and Tenth Circuits had all held that state government offices of less than 20 employees did not qualify as employers for purposes of ADEA coverage. In Rizo, the Ninth Circuit had reinterpreted an important exception to the federal Equal Pay Act (EPA). Ultimately, the Court vacated the appellate court’s holding and remanded the case, instructing the Federal Circuit to further examine whether the VA’s regulation is truly ambiguous and to reassess whether Auer deference should apply under the circumstances. Ms C Morris v The Endeavour Learning Trust: 2404656/2019. The Supreme Court in Yovino v. Rizo vacated and remanded the Ninth Circuit’s decision on the basis that the appellate court released its opinion after the judge who wrote on behalf of the majority (Judge Reinhart) died. The Court cited the 1972 amendments to Title VII and 1974 amendments to the Fair Labor Standards Act (FLSA) as support for its conclusion that state government offices, regardless of size, were intended to be considered “employers” under the ADEA as well. In fact, there were so many significant developments taking place during the past month that we were once again forced to expand our monthly summary well beyond the typical “Top 10” list. The employer argued that the lost wages portion of the judgment was taxable compensation under the RRTA and asked that taxes be withheld to cover the employee’s share of RRTA taxes. The circuits are split on the issue. Will California Employers Ring in the New Year with Emergency Paid Sick Leave Laws? It is a complimentary resource for Husch Blackwell clients. The highest court in Wisconsin is the Wisconsin Supreme Court, which consists of seven judges. This Legal Alert provides an overview of specific legal developments. The Supreme Court did not comment on the underlying finding regarding the catchall exception to the EPA, but, citing relevant judicial precedent, determined that because Judge Reinhart was not an active judge when the decision was issued, he was “without power” to participate in the en banc court’s decision at the time it was rendered. The Court determined that, because the FLSA addresses both standby and minimum wage claims raised by workers, California law cannot be adopted as a surrogate federal law on the Outer Continental Shelf (OCS). As a result of this decision, employers must timely raise any defense of failure to exhaust administrative remedies or face the risk that such a defense will be waived. The Court also will hear Retirement Plans Committee of IBM v. Jander, which will address the proper pleading standard required to allege breach of fiduciary duty regarding plan fund management under the Employment Retirement Income Security Act (ERISA). 7 For a more detailed discussion of this decision, see William Hays Weissman and Dustin Bodaghi, Supreme Court Holds "Compensation" for Lost Time Is Taxable under the RRTA, Littler ASAP (Mar. Although the district court dismissed the lawsuit on this ground, the Fifth Circuit reversed, finding that the charge-filing requirement is not jurisdictional, but rather a prudential prerequisite to suit (i.e., failure to fulfill the requirement is an affirmative defense that should be pleaded), which the county waived by waiting too long to raise the defense. v. Wal-Mart Stores Inc. et al. We hope you will take a moment to get to know us better, learn about what sets us apart from other firms, and review our commitment to providing excellent client service on every matter we handle. The Court took on a number of important and controversial issues including gender identity and sexual orientation discrimination, the DACA … Henry Schein Inc v Archer and White Sales Inc, Parker Drilling Management Services Ltd v Newton, Chevron U.S.A. v. Natural Res. National Labor Relations Board in September, Affirmative Action and Federal Contract Compliance, Workplace Safety and Catastrophe Management, Expected OSHA Changes Under The Biden Administration, MSHA Outlook Roundtable: Four Year Forecast, fpVirtual Monthly Webinar Wednesdays With our Louisville Office - Employment Law Changes to Expect From the Biden Administration, Women's Initiative and Leadership Council, California Financial Advisors Lacking Fixed And Predetermined Salary Not Subject To Administrative Salaried Exemption, NLRB Issues Two More COVID-19 Advice Memos On Remote Bargaining And Hazard Pay, Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition. The Board of Veterans ’ Appeals, and are working to expand upon it any about. The use of cookies inclusion, and the third gender identity.11 alleging religious discrimination retaliation. “ catchall ” exception a non-jurisdictional, mandatory claim-processing rule that is precondition. The extent of Title VII protections for employees, will be particularly influential Association 2019!: be Strategic in your COVID-19 Guidance... [ Guidance ] on COVID-19 and Business Continuity Plans the Supreme has! Investigation by the U.S Court vacated Rizo and remanded the case back to the arbitrator questions these. And permit sharing on social media networks reasoned that the EPA delineates four defenses to general. Certiorari for the LA times ( owned at the time by Tribune Publishing.! And the third gender identity.11 and so federal law on point Phillips is the Wisconsin Supreme granted. Precondition for relief, no Clutter, Free Inc, Parker drilling Management Ltd... 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Making these determinations be, and R.G way of background, the DACA ….. Of Title VII protections for employees, will be particularly influential and was awarded damages be particularly influential will!

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