Fifth Circuit – ManagEase

Fifth Circuit: Criminal Background Guidance by EEOC Struck Down

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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State of Texas

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August 6, 2019

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In 2012, the Equal Employment Opportunity Commission (EEOC) issued a guidance document directed at employers, cautioning them that blanket hiring bans on job applicants with criminal convictions could lead to disparate impact Title VII liability. The rationale was that blanket bans could disproportionately impact ethnic and racial minorities. Employers using this kind of policy could invite further investigation by the EEOC and possible charges of discrimination. The guidance also instructed that an employer could potentially avoid liability by showing that the policy of not hiring applicants with criminal convictions was related to the job being filled, and consistent with the needs of the business.

April Updates

April 10, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
California: NEW Posting Requirement as of April 1, 2019
California: Required Employee Pamphlets Updated
California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
San Francisco, CA: Minimum Wage to Increase July 1, 2019
Massachusetts: State and Federal Overtime Exemptions are Not Identical
Michigan: Paid Sick Leave FAQ’s and Poster Released
New York: 24-Hour Home Care Pay Decided by Court of Appeal
Oklahoma: Medical Marijuana Accommodations Clarified
South Carolina: Labs Liable to Workers for False Positive Drug Tests

March Updates

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
California: Guidance on New Agricultural Overtime Pay Requirements
Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
Florida: Miami Beach Minimum Wage Struck Down
Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
Minneapolis, MN: Minimum Wage Increase Approved
New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
Westchester County, New York: Bans the Box
Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
West Virginia: Federal Law Enforcement Pension Freed From State Taxes

Fifth Circuit: Clarification on Small Vehicle Exception to the Motor Carrier Act Overtime Exemption

June 8, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with LA, MS, TX Employees Operating Commercial Motor Vehicles

EFFECTIVE

May 16, 2018

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In Carley v. Crest Pumping Technologies, LLC, the Fifth Circuit recently clarified ambiguities in the small vehicle exception to the Motor Carrier Act (MCA) overtime exemption. Generally, the overtime requirements under the Fair Labor Standards Act (FLSA) do not apply to employees covered by the MCA, except for employees who operate vehicles weighing 10,000 lbs. or less under certain conditions (“small vehicle exception”).

Fifth Circuit: Mandatory Class Action Waivers Do Not Violate the NLRA

September 10, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with LA, MS, TX Employees

EFFECTIVE

August 7, 2017

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In a recent decision, the Fifth Circuit reaffirmed its positions that mandatory class action waivers do not violate Section 7 of the National Labor Relations Act (“NLRA”). In Convergys Corp. v. NLRB, the Fifth Circuit stated that an employee’s right to a collective action is procedural, not substantive, and signing a waiver therefore did not violate any substantive rights under the NLRA.

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