Posts

Alabama: New Pay Equity Law Prohibits Retaliation Related to Wage History Inquiries; Adds Equal Pay Provisions

APPLIES TO

All Employers with AL Employees

EFFECTIVE

September 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The newly enacted Clarke-Figures Equal Pay Act (CFEPA) is Alabama’s first statewide pay equity law, and goes into effect on September 1, 2019.  The CFEPA takes its cues from the federal Equal Pay Act, but also includes provisions commonly seen in other state-level pay equity laws designed to combat discriminatory pay practices.

Read more

Eleventh Circuit: Joint Employer Standard Clarified Under the FLSA and Common Law

APPLIES TO

All Employers with AL, FL, and GA Employees

EFFECTIVE

August 2, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Garcia-Celestino v. Ruiz Harvesting, Inc., the Eleventh Circuit distinguished the joint employer standard under the Fair Labor Standards Act (FLSA) and common law. Each standard turns on the applicable definition of “employee” and “control,” but are not the same. There, migrant workers under the H-2A visa program filed suit against their employer and a citrus grove owner for minimum wage violations under the FLSA and for breach of their contract, which was based on federal immigration statutes and regulations. The court looked at whether or not the citrus grove owner was a joint employer.

Eleventh Circuit: Valet Uniforms May Be “Materials” Requiring FLSA Coverage of Employees

APPLIES TO

Employers with AL, FL, and GA Employees

EFFECTIVE

June 29, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Asalde v. First Class Parking Sys. LLC, the Eleventh Circuit Court of Appeal stated that a jury may determine whether valet uniforms meet the “materials” definition for “enterprise coverage” which would allow them the protections of the Fair Labor Standards Act (FLSA). The FLSA applies, in part, to employers who have “employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for [interstate or international] commerce by any person” and have an annual volume of business of at least $500,000. (Emphasis added.)

Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women

APPLIES TO

All Employers with AL, AZ, CA, HI, ID, OR, MT, NV, and WA Employees

EFFECTIVE

April 9, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential.  Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.

October Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. U.S Federal Contractor Updates
  2. Alabama: City of Birmingham Approves Nondiscrimination Ordinance
  3. California: Cal/OSHA Says Federal OSHA Reporting Requirements do not Apply to CA Employers
  4. Illinois: Amendments to the Illinois Human Rights Act Codify Religious Garb Protections
  5. Kentucky: Supreme Court Permits Wage and Hour Class Actions
  6. New York: 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
  7. Texas: New Leave Protection for Foster Parents and Preference for Veterans in Employment
  8. Wisconsin: Court of Appeals Upholds “Right to Work” Law

Read more

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

APPLIES TO

All Employers with AL, FL and GA Employees

EFFECTIVE

April 13, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Eleventh Circuit: Race-Neutral Grooming Policy that Rejected Dreadlocks Was Not Disparate Treatment Discrimination

APPLIES TO

All Alabama, Florida and Georgia Employers

EFFECTIVE

September 15, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Equal Employment Opportunity Commission (“EEOC”) sued an employer on behalf of a black applicant whose job offer was rescinded when she refused to change her dreadlock hairstyle.  On September 15, 2016, the Court of Appeals for the Eleventh Circuit agreed with a district court’s dismissal of the alleged discrimination complaint.  The Court reasoned that Title VII of the Civil Rights Act of 1964 prohibits adverse actions on the basis of immutable characteristics of race, whereas the dreadlocks hairstyle was a mutable choice.  This decision follows other courts in similarly rejecting the argument that hairstyles can be a “determinant of racial identity.”

March Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This HR Alert addresses the following topics:
  1. West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage
  2. Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances
  3. New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

Read more