We keep track of the latest employment law changes so you don't have to. The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. Quick Takes on 3 Recent Employment Law Cases. The Court took on a number of important and controversial issues including gender identity and sexual orientation discrimination, the DACA … 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. Council. It’s hard to keep up with all the recent changes to labor and employment law. 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). 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. & G.R. v. Joe Singer Shoes Limited, 2018 HRTO 107. 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). Employment Tribunal decision. v. Nierotko, 327 U. S. 358 (1946) and United States v. Quality Stores, Inc., 572 U. S. 141 (2014), respectively. 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. 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. Below you'll find our regular round-up of legislation, case updates and helpful guides. 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. 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. 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. 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 Court of Appeal … 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. We have provided information to help you in evaluating whether Fisher Phillips is the employer of choice for you. 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. Employment Tribunal decision. The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. The decision has a big impact in sectors where staff are allowed to sleep at work until called upon. Henry Schein Inc v Archer and White Sales Inc, Parker Drilling Management Services Ltd v Newton, Chevron U.S.A. v. Natural Res. 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. 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. 6 See Social Security Bd. Equal Opportunity is the Law, Age Discrimination, Americans With Disabilities Act: All employers covered by law: Investigation by the U.S. The respondent had sued the railway under the Federal Employers’ Liability Act and was awarded damages. 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. “We attempted to accommodate Mr. Reina’s severe limitations … 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). Another impactful case this year was that of … The change is contained in Part 1 of the Employment Rights (Miscellaneous Amendments) Regulations 2019 . By using this site, you agree to our updated General Privacy Policy and our Legal Notices. 2019 ELM Available Now. 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. While the 2018-2019 Supreme Court term moved several employment law issues forward and clarified a few points of debate, the Court denied review of many of the more contentious cases. In this case, an employee adversely impacted by a data breach at his company sued on behalf of himself and a putative class. supervises and controls the employee’s work schedule or conditions of employment; determines the employee’s rate and method of payment; and. The Board of Veterans’ Appeals, and then the Court of Appeals for Veterans Claims, affirmed that outcome. Photo by Tingey Injury Law Firm on Unsplash. The Supreme Court disagreed in a unanimous opinion, holding that the OCS is a federal enclave and so federal law applies. Employment laws tend to come in waves, with particular themes for each era. 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. Seen any more interesting cases? If you have any questions about these developments or how they may affect your business, please contact your Fisher Phillips attorney. 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 respondent in this case worked 14-day/12-hour shifts on a drilling platform on the OCS off the California coast. Welcome to the Fisher Phillips website. 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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Please register to receive your 2019 Employment Law Manual for Wisconsin Employers. 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. Employment laws to watch in 2019. 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). 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. 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. 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. ... Employment New Zealand. Long ago, child labor was common and legal. 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. 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). While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month was no exception. The EPA delineates four defenses to this general rule. After receiving a right-to-sue letter, she filed suit alleging religious discrimination and retaliation for reporting sexual harassment. We are proud of our tradition of inclusion, and are working to expand upon it. Employer does not … The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. maintains the employee’s employment records. 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. 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. 5, 2019). 5:17-cv-01415-AB-KK). This is one of the most impactful years that the Supreme Court has had on labor and employment law. The employee, however, claimed such payments were not for “active services” and, therefore, should not be considered taxable compensation. I do not regard the Court’s decision today to touch upon the latter question. 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 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. 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). Wisconsin Case Law The Wisconsin state court system is divided into three levels. 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. 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. 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). Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Published by Brett Holubeck on August 5, 2020. New Prime involved a truck driver who brought suit alleging wage and hour violations against a company for which he provided driving services. 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 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. 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. 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 affirmed.4. The fourth defense is commonly referred to as the “catchall” exception. 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. 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. Employment law is constantly on the move. 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. (Case No. By way of background, the EPA requires employers to provide equal pay between employees for equal work. Click here to read more about how we use cookies. In Rizo, the Ninth Circuit had reinterpreted an important exception to the federal Equal Pay Act (EPA). 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. A.B. What do employers need to know about this development? These cases highlight interesting or topical employment cases. 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. In Rizo, the defendant-employer alleged that the EPA’s catchall defense included consideration of an employee’s prior salary. U.S. Supreme Court Issues Landmark Civil Rights Decision. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). It is a complimentary resource for Husch Blackwell clients. The circuits are split on the issue. 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. 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. 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 Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. 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. The Court concluded that an arbitrator, acting in conformity with the delegation clause, could decide whether the arbitrability claim was groundless or not, and because arbitration is a matter of contract, courts must enforce arbitration contracts according to their terms.2. The driver had signed an agreement with the company agreeing to resolve all work disputes via arbitration. 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 Court has taken Fort Bend County v. 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. Welcome to the Fisher Phillips Careers section of our Website. For a list of key dates for 2020, see our employment law timeline. 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. 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 highest court in Wisconsin is the Wisconsin Supreme Court, which consists of seven judges. 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. 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. By continuing to browse this website you accept the use of cookies. Bostock v. Clayton County, 590 U.S. … 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. march 19, 2019: no. Equal Employment Opportunity Commission: U.S. Find a decision from the Employment Court. 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. 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. Family friendly. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. The agreement delegated to the arbitrator questions about the agreement’s enforceability. 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. 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). 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 … 2019-2020 Supreme Court Labor and Employment Cases. 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. It is not intended to be, and should not be construed as, legal advice for any particular fact situation. The company moved to compel arbitration, which the court granted, but did so on a classwide basis. The company sought to compel arbitration, but the driver argued that because he was a transportation worker, the FAA Section 1 exemption, which provides that disputes concerning transportation workers engaged in interstate commerce are not covered under the FAA, should apply to his complaint. In April 2019, a jury in a California federal court awarded plaintiffs over $6 million in damages for missed meal breaks. 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. After being denied benefits on his first request, Kisor reopened his claim in 2006, offering supplemental records. 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. The drilling company complied with federal laws on standby time, but allegedly did not comply with California’s minimum wage and standby laws. Where employers offer enhanced contractual maternity … 22, 2019). On this basis only, the Supreme Court vacated Rizo and remanded the case back to the Ninth Circuit.5. 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). A portion of those damages were allocated as lost wages due to the injury. TJ Simers is an award winning sports journalist who worked for the LA times (owned at the time by Tribune Publishing). The Court will, however, address some more contentious issues next term. 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. Def. The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. Effective October 11, 2019: The Human Rights Law now explicitly includes protection in employment from harassment based on any protected class. By D. Gregory Valenza | | January 18, 2019 by D. Gregory Valenza | Jan 18, 2019 Decided: 9 December 2020; Mrs C McPhillips v Beacon Counselling: 2405339/2018. [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 Supreme Court upheld Auer deference. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Three cases—Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. The Supreme Court will begin hearing oral arguments Oct. 7 for the 2019-2020 term, and it will tackle big employment law issues starting in the first week of oral arguments. It offered criteria for courts to consider when making these determinations. It came into force on 28 June 2020. Let us know in the comments. Henry Schein Inc. v. Archer and White Sales Inc. 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. 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. TJ Simers v The Los Angeles Times. In another unanimous decision authored by Justice Ginsberg, the Supreme Court held that failing to file a charge of discrimination with the EEOC or equivalent state or local administrative agency is not a jurisdictional bar to a Title VII lawsuit. Employment law is ever-evolving, and 2019 is shaping up to usher in its fair share of changes. v. Wal-Mart Stores Inc. et al. Rather, it is a non-jurisdictional, mandatory claim-processing rule that is a precondition for relief.