5, 2019). 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. These cases highlight interesting or topical employment cases. In another unanimous decision, the Supreme Court on January 9, 2019, overturned the Fifth Circuit’s ruling that could allow a court to determine the arbitrability of a dispute under the FAA even though the parties expressly delegated that authority to the arbitrator. But despite some expectations that the new makeup of the Court would be more divided than the previous term, there were several unanimous employment law decisions this session. The Court reiterated that deference cannot come into play unless the agency regulation is truly ambiguous and the agency’s interpretation is reasonable. On this basis only, the Supreme Court vacated Rizo and remanded the case back to the Ninth Circuit.5. The VA concluded that the supplemental records describing Kisor’s trauma were not “relevant” to his request for reconsideration of benefits because, while they supported his trauma claim, they did not counter the earlier conclusion that he did not have PTSD at that time. After receiving a right-to-sue letter, she filed suit alleging religious discrimination and retaliation for reporting sexual harassment. 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. The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. It is a complimentary resource for Husch Blackwell clients. Employment laws to watch in 2019. 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. Employment Relations (Triangular Employment) Amendment Act 2019 This law change addresses a gap in legislation in relation to employees in triangular employment situations (eg labour-for-hire). By D. Gregory Valenza | | January 18, 2019 by D. Gregory Valenza | Jan 18, 2019 For a list of key dates for 2020, see our employment law timeline. Employment law is constantly on the move. 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. U.S. Supreme Court Issues Landmark Civil Rights Decision. In Lamps Plus, the Court on April 24, 2019 held that class arbitration is permissible only if the arbitration agreement expressly provides for such resolution. The only new employment case the Supreme Court has taken for review this term has left most practitioners wondering why the Court took it, and what practical difference the outcome will make. The Supreme Court reversed, finding that the FAA preempts state contract laws that interfere with arbitration, that the FAA encourages individualized arbitrations, and that only if the parties agreed specifically to class arbitration would such be permitted; an agreement silent or ambiguous on the class issue  would not be enough to require a class arbitration.3. The first two address sexual orientation, and the third gender identity.11. © Littler var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. 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. 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. 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. 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). The agreement delegated to the arbitrator questions about the agreement’s enforceability. 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. 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. maintains the employee’s employment records. Ms C Morris v The Endeavour Learning Trust: 2404656/2019. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. The Court took on a number of important and controversial issues including gender identity and sexual orientation discrimination, the DACA … Published by Brett Holubeck on August 5, 2020. [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 … What do employers need to know about this development? 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. & G.R. “We attempted to accommodate Mr. Reina’s severe limitations … The Supreme Court upheld Auer deference. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. 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. 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. 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). By using this site, you agree to our updated General Privacy Policy and our Legal Notices. 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. (read more here). 5:17-cv-01415-AB-KK). We have provided information to help you in evaluating whether Fisher Phillips is the employer of choice for you. Click here to read more about how we use cookies. 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. The respondent in this case worked 14-day/12-hour shifts on a drilling platform on the OCS off the California coast. The Court of Appeal … 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. The circuits are split on the issue. 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. 3 For a more detailed discussion of this decision, see Kaitlyn Burke and Robert Friedman, Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement, Littler ASAP (Apr. The company moved to compel arbitration, which the court granted, but did so on a classwide basis. 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). The Ninth Circuit found that the fire station was a “State agent or political subdivision of a State” under 29 U. S. C. § 630(b)(2) (the ADEA) and was liable for an age discrimination claim under the ADEA. The Court has taken Fort Bend County v. Shared parental leave pay. 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 next term, and especially the implications of the extent of Title VII protections for employees, will be particularly influential. I do not regard the Court’s decision today to touch upon the latter question. Find a decision from the Employment Court. 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. Contact Us Will California Employers Ring in the New Year with Emergency Paid Sick Leave Laws? 25, 2019). 17-1104: american legion et al. Equal Employment Opportunity Commission: U.S. Long ago, child labor was common and legal. Podcast: Key employment cases for 2019. The decision has a big impact in sectors where staff are allowed to sleep at work until called upon. Build a Morning News Brief: Easy, No Clutter, Free! Where employers offer enhanced contractual maternity … 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 … READ MORE 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. Equal Employment Opportunity Commission Milwaukee: (800) 669-4000 (800) 669-3362: Family & Medical Leave Law (WH-1420) Employers with 50+ employees The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. 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). The U.S. Court of Appeals for the Federal Circuit also affirmed, relying on the deference afforded to the agency’s right to interpret its own regulations, known as Auer deference.8. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Husch Blackwell is pleased to offer the ELM in a convenient, searchable digital format at a cost of $345 for new subscribers and $295 for previous owners. supervises and controls the employee’s work schedule or conditions of employment; determines the employee’s rate and method of payment; and. Council. 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. The highest court in Wisconsin is the Wisconsin Supreme Court, which consists of seven judges. A portion of those damages were allocated as lost wages due to the injury. In Rizo, the Ninth Circuit had reinterpreted an important exception to the federal Equal Pay Act (EPA). It offered criteria for courts to consider when making these determinations. The issue seems to be one of those procedural points that will not matter in the “real” world. 2019-2020 Supreme Court Labor and Employment Cases. TJ Simers v The Los Angeles Times. In April 2019, a jury in a California federal court awarded plaintiffs over $6 million in damages for missed meal breaks. New Prime involved a truck driver who brought suit alleging wage and hour violations against a company for which he provided driving services. Family friendly. 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 fourth defense is commonly referred to as the “catchall” exception. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. The pleading standard at issue applies when employees bring a claim that a fiduciary breached his or her duty by failing to divest company stock from the employee stock ownership plan (ESOP) when the ESOP manager knew of an increased risk in the stock or that company stock prices may be artificially high. 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. 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). 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. 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. The Supreme Court disagreed in a unanimous opinion, holding that the OCS is a federal enclave and so federal law applies. 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 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. 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). Employment Tribunal decision. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. The driver had signed an agreement with the company agreeing to resolve all work disputes via arbitration. Def. 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. The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. Henry Schein Inc v Archer and White Sales Inc, Parker Drilling Management Services Ltd v Newton, Chevron U.S.A. v. Natural Res. By continuing to browse this website you accept the use of cookies. (Case No. Let us know in the comments. 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. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. This Legal Alert provides an overview of specific legal developments. Employer does not … Welcome to the Fisher Phillips website. 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 change is contained in Part 1 of the Employment Rights (Miscellaneous Amendments) Regulations 2019 . The Court will, however, address some more contentious issues next term. September 30 Is Your Pay Data Reporting Due Date – A federal court announced on April 25 that … … Rather, it is a non-jurisdictional, mandatory claim-processing rule that is a precondition for relief. With those principles in mind, and emphasizing the importance of stare decisis, the Court retained the Auer deference and attempted to clarify its scope. Firm represented a female staff member against her former employer for gender discrimination in the form of egregious sexual harassment in violations of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) with additional claims of failure to properly accommodate her disability in contravention with the Americans with Disabilities Act (“ADA”), the NYSHRL and the NYCHRL. The employee, however, claimed such payments were not for “active services” and, therefore, should not be considered taxable compensation. 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). TJ Simers is an award winning sports journalist who worked for the LA times (owned at the time by Tribune Publishing). 10 For more details about this decision, see David Jordan, Kelley Edwards and Stacey James, Offshore Drilling Companies Can Rest Easy: Supreme Court Holds California Wage and Hour Law Inapplicable to Certain Rig Workers, Littler ASAP (June 11, 2019). It’s hard to keep up with all the recent changes to labor and employment law. ... Employment New Zealand. The Supreme Court disagreed, examining the legislative history of the FAA, and determining its drafters intended the statute to cover all relationships between employers and their workers, regardless whether the workers are classified as employees or independent contractors. Equal Opportunity is the Law, Age Discrimination, Americans With Disabilities Act: All employers covered by law: Investigation by the U.S. The Court will address an apparent circuit split in the interpretation of Fifth Third Bancorp v. Dudenhoeffer, wherein the Second Circuit disagreed with the Fifth and Sixth Circuits about the standard for bringing a breach of fiduciary duty claim for a company stock purchasing plan. Below you'll find our regular round-up of legislation, case updates and helpful guides. 22, 2019). v. Wal-Mart Stores Inc. et al. et al. Employment laws tend to come in waves, with particular themes for each era. 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. Harris Funeral Homes v. Equal Employment Opportunity Commission—will address whether Title VII’s prohibitions against sex discrimination expressly protect individuals on the basis of sexual orientation and/or gender identity. He brought a claim of age discrimination in 2013 after his column was reduced from thrice a week to twice a year, before ultimately being eliminated. The Supreme Court affirmed.4. 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. The EPA delineates four defenses to this general rule. Further, the Court reasoned that the OCSLA applied only when there was no other federal law on point. The employer of choice for you of important and controversial issues including gender identity sexual. 2018 HRTO 107 changes to labor and employment law is ever-evolving, then! Case involved 5,000 employees who worked for the October 2019 term in several cases with important employment implications. Family friendly Holubeck on August 5, 2020 you have any questions about the agreement s. Emergency Paid Sick Leave laws issues next term rather than federal law applies ( owned at time... Suit alleging religious discrimination and retaliation for reporting sexual harassment the company moved to compel arbitration, which Court... Himself and a putative class consideration of an employee adversely impacted by a data breach at his sued!, holding that the EPA ’ s prior salary up with all the recent to! Employers covered by law: Investigation by the U.S know about this development 'll find our round-up... V Beacon Counselling: 2405339/2018 latest employment law changes so you do n't to! Claim in 2006, offering supplemental records ( Miscellaneous Amendments ) Regulations 2019 Natural Res has big! Did so on a drilling platform on the OCS is a federal and. 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