Last year, we reported on the
Ninth and
Seventh Circuit cases stating that class action waivers in arbitration agreements are invalid under the National Labor Relations Act (“NLRA”). The Second, Fifth and Eighth Circuits have taken the opposite stance, concluding that employment agreements that require claims to be arbitrated individually are fully enforceable.
Due to this split in opinion, the U.S. Supreme Court has finally decided to review the issue at hand. The Supreme Court will be reviewing three decisions: the Fifth Circuit’s ruling in favor of enforcing class action waivers, and the Ninth and Seventh Circuit’s rulings against. A decision is anticipated sometime in the Summer of this year.
Employers should stay tuned, as the outcome of the Supreme Court’s review could affect workplace employment agreements. ManagEase will continue to report on this developing area as updates occur.
Fourth Circuit: Unique Six Factor Test to Determine Joint Employer Status
/in HR AlertsAPPLIES TO
All Employers with MD, NC, SC, VA and WV Employees
EFFECTIVE
January 25, 2017
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In Salinas v. Commercial Interiors Inc., the Fourth Circuit Court of Appeals recently established a unique six factor test for determining joint employer status that aligns with the Department of Labor’s broad interpretation of joint employer status, and rejected the more narrow “economic realities” test used in other circuit courts.
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California: DFEH Affirms “100% Healed” Policies Violate Employer’s Duty to Accommodate
/in HR AlertsAPPLIES TO
All Employers with CA Employees
EFFECTIVE
February 14, 2017
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(888) 378-2456
California’s Department of Fair Employment and Housing (“DFEH”) recently obtained a $290,000 settlement and reinstatement with reasonable accommodation on behalf of a high school custodian who was fired after sustaining an injury. This settlement reinforces DFEH’s position that blanket policies requiring employees to be “100% healed” before they return to work violate the employer’s duty to reasonably accommodate an employee disability.
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California: Commissioned Employees Must be Specifically Paid for Rest Breaks
/in HR AlertsAPPLIES TO
All Employers with CA Employees
EFFECTIVE
February 28, 2017
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Current California wage order regulations provide non-exempt employees a minimum 10-minute rest break for every four hours worked, or major fraction thereof. These breaks must be counted as hours worked, must be paid at the employee’s hourly rate and cannot be deducted from employee wages. A
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D.C.: Credit Info Banned in Employment Decisions; Upcoming, Expansive Amendment to Paid Family and Medical Leave Law
/in HR AlertsAPPLIES TO
All Employers with Washington D.C. Employees
EFFECTIVE
Spring 2017 and July 1, 2020
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(888) 378-2456
Washington D.C. Mayor Muriel Bowser approved two new bills that will significantly impact employers. These bills (1) restrict employers from inquiring into or using credit history when making employment decisions and (2) expand the statewide Paid Family and Medical Leave Law.
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New York: Upcoming Regulations for Direct Deposit/Debit Payroll Cards Revoked
/in HR AlertsAPPLIES TO
All Employers with NY Employees
EFFECTIVE
February 16, 2017
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(888) 378-2456
New York’s strict new debit card and direct deposit wage payment regulations, originally slated to go into effect March 7, 2017, have now been invalidated by the New York State Industrial Board of Appeals (“IBA”). The IBA stated that the regulations infringed on banking regulations that set bank fees, and that the New York State Department of Labor (“NYSDOL”) had overstepped its jurisdiction in applying these rules. The IBA also pointed to numerous similar bills introduced in the New York legislature over the years, citing the bills’ failure to come to fruition as a sign that the current regulations controlling wage payments are already satisfactory.
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Ohio: New Bill Limits Employer Control of Guns at Work
/in HR AlertsAPPLIES TO
All Employers with OH Employees
EFFECTIVE
March 19, 2017
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(888) 378-2456
Effective March 19, 2017, Senate Bill 199 will now limit an employer’s ability to control the presence of guns at the worksite. Specifically, the Bill allows licensed gun owners to keep firearms in their own vehicles while parked on private employer property. It also allows licensed owners to bring concealed handguns into airport, institutes of higher education, and some government buildings under certain, specific conditions.
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Oregon: New State OSHA Drug Testing Regulations
/in HR AlertsAPPLIES TO
All Employers with OR Employees
EFFECTIVE
May 1, 2017
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(888) 378-2456
Federal OSHA’s regulations limiting automatic drug testing have been in effect for some time. Oregon’s state OSHA plan’s Administrative Order 6-2016, originally filed in November of 2016, is modeled on the federal OSHA regulation and is set to go into effect on May 1, 2017. Similar to the federal OSHA regulation, the Administrative Order is intended to improve tracking of workplace injuries and illnesses.
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March Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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U.S. Supreme Court to Resolve Split on Validity of Class Action Waivers in Arbitration Agreements
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
Expected Summer 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Due to this split in opinion, the U.S. Supreme Court has finally decided to review the issue at hand. The Supreme Court will be reviewing three decisions: the Fifth Circuit’s ruling in favor of enforcing class action waivers, and the Ninth and Seventh Circuit’s rulings against. A decision is anticipated sometime in the Summer of this year.
Employers should stay tuned, as the outcome of the Supreme Court’s review could affect workplace employment agreements. ManagEase will continue to report on this developing area as updates occur.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2017 ManagEase, Incorporated.
Cures Act Restores Stand-Alone HRA Plans for Small Employers
/in HR AlertsAPPLIES TO
All Employers of fewer than 50 Full-Time Employees
EFFECTIVE
Effective for Plan Years 2017
QUESTIONS?
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(888) 378-2456
On December 13, 2016, President Obama signed the 21st Century Cures Act (the “Act”), which allows qualified small employers of fewer than 50 full-time employees to offer a stand-alone Health Reimbursement Arrangement (“HRA”) option to employees. This stand-alone HRA option is available for plan years beginning in 2017 for employers that are not Applicable Large Employers (“ALE”) under the Affordable Care Act (“ACA”).
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