HR Alerts – Page 140

Ninth Circuit: Prior Salary History may be used to Justify Wage Differentials Between Men and Women

May 2, 2017/in HR Alerts

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ID, MT, NV, OR and WA Employees

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April 27, 2017

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Last week, the Ninth Circuit ruled on Rizo v. Yovino, a wage inequality claim brought under the federal Equal Pay Act. In reviewing this case, the Ninth Circuit affirmed a previous case, Kouba v. Allstate Insurance Co., and confirmed that prior salary history may be considered a “factor other than sex” for the purpose of justifying a wage differential.

Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class

May 2, 2017/in HR Alerts

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April 4, 2017

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In Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.

Second Circuit: “Black Car” Drivers are Independent Contractors Under the FLSA

May 2, 2017/in HR Alerts

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All Employers with CT, NY and VT Employees

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April 21, 2017

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A recent Second Circuit case confirmed that New York City “black car” drivers—workers who provide high-end transportation services, e.g., limousines—are independent contractors under the Fair Labor Standards Act (“FLSA”).

Third Circuit: FMLA Leave Cannot be Any Basis for Adverse Action against Employees

May 2, 2017/in HR Alerts

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All Employers with DE, NJ and PA Employees

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November 14, 2016

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In Egan v. Delaware River Port Authority, the Third Circuit court stated that any time an employee’s use of FMLA leave is given any “negative weight” when taking an adverse employment action against an employee, it is considered to be retaliation. There, the plaintiff was granted intermittent FMLA leave for migraines. Though the employer approved the time off, the plaintiff believed that management was unhappy with him taking time off. When his position was later eliminated, the employee sued, alleging that that his employer had a “mixed-motive” for his termination, and that he was retaliated at least in part for taking FMLA leave.

Ninth Circuit: Wage Rates Used for Overtime Hours Cannot Be Lower Than Those Used for Non-Overtime Hours

May 2, 2017/in HR Alerts

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March 21, 2017

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In Brunozzi v. Cable Communications, Inc., the Ninth Circuit stated that wage rates cannot be decreased in weeks when overtime is worked, as compared to weeks when no overtime is worked. There, two cable technicians were paid a piece rate per cable system installed, plus a contractually-based production bonus each pay period as part of their regular wages. When the employer calculated overtime, it reduced the production bonus by the amount of overtime paid for piece rate work, which meant that employees received lower wage rates than when they did not work overtime.

Eleventh Circuit: Commissions Paid Only Apply to the Workweek in Which They Are Earned When Calculating Overtime Exemption Status

May 2, 2017/in HR Alerts

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All Employers with AL, FL and GA Employees

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April 13, 2017

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In Frexia v. Prestige Cruise Services, LLC, an employee alleged that his employer violated the FLSA because the employee’s compensation—a weekly fixed salary plus sales-based commission—fell below the overtime exemption threshold for certain weeks. The Eleventh Circuit’s review of the case confirmed that pay for work performed each workweek must be counted for that workweek, rather than counted across a span of several weeks, in order to meet the overtime exemption threshold.

California: Labor Commission Releases Updated Paid Sick Leave FAQ

May 2, 2017/in HR Alerts

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March 29, 2017

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The California Department of Industrial Relations (“DIR”) Labor Commissioner recently updated the statewide Paid Sick Leave: Frequently Asked Questions (“FAQ”) page. The update is intended to provide further clarity to three commonly asked questions, which are summarized below.

California: Arbitration Agreement Provisions Waiving Right to Seek Public Injunctive Relief Are Unenforceable

May 2, 2017/in HR Alerts

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All Employers with CA Employees

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April 6, 2017

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Arbitration agreement provisions that require an individual to waive their statutory right to seek public injunctive relief in any forum, including arbitration or in court, have been deemed unenforceable by the California Supreme Court in McGill v. Citibank.

May Updates

May 2, 2017/in HR Alerts

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Varies

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This HR Alert addresses the following topics:

H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
Updated Pay Transparency Poster for Federal Contractors
California: Wage Orders Have Been Updated and Must be Posted by Employers
Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

Form I-9 Glitch Needs Immediate Review by Employers

April 20, 2017/in HR Alerts

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All Employers

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November 14, 2016

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The USCIS sent a press release this week to notify employers that the updated electronic Form I-9 published on November 14, 2016 had a glitch when it was issued. Specifically, when completing the form on a computer, numbers entered in the Social Security number field get transposed when the form is printed. For example, the number 123-45-6789 appears as 123-34-6789 when the form is printed.