HI – ManagEase

Ninth Circuit: Joint Employers Are Liable for Non-Workplace Matters Under Title VII for H-2A Workers

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

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, or Northern Mariana Islands Employees with H-2A Visas

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February 6, 2019

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In EEOC v. Global Horizons, Inc., the Ninth Circuit stated that because employers of H-2A workers are required to provide housing, meals and transportation as “material terms and conditions” of their employment, these employers can be liable for such non-workplace matters under Title VII, even if the employers contract with a third party to provide those work benefits. There, two orchard growers hired Global Horizons as their staffing firm to recruit agricultural workers using H-2A visa authorizations. Two of the workers filed a discrimination claim against the growers and Global Horizons, claiming poor working conditions, substandard living conditions, and unsafe transportation based on their race and national origin.

Ninth Circuit: FCRA Disclosure Notice to Employees Must Stand Alone

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

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

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January 29, 2019

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In Gilberg v. Cal. Check Cashing Stores, the Ninth Circuit stated that the Fair Credit Reporting Act (FCRA) prohibits including “extraneous” information with the required notice of rights, including legal rights individuals have under state fair credit reporting laws. The FCRA applies to employers who obtain background or credit reports on applicants and employees in the employment context. Specifically, the FCRA requires employers to provide the individual with a disclosure of their right to obtain a copy of the report, and obtain written authorization before obtaining the reports. Although the authorization may be on the same page as the disclosure, no other information may be present. Additionally, because the California Investigative Consumer Reporting Agencies Act (ICRAA) mirrors the FCRA, the same segregation requirements apply to California-required disclosures.

Ninth Circuit: Requiring Applicant to Pay for Pre-Hire Medical Testing Violated ADA

October 9, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with 15 or more AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

August 29, 2018

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The Ninth Circuit Court of Appeal recently stated that an employer violated the Americans with Disabilities Act (ADA) by requiring a job applicant to obtain, and pay for, additional medical testing as part of a condition of employment.

Ninth Circuit: The Federal Railway Labor Act Does Not Necessarily Preempt State Leave Laws

September 10, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

August 1, 2018

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(888) 378-2456

In Alaska Airlines v. Shurke, the Ninth Circuit stated that because an employee’s state law claim did not arise entirely from or require interpretation of the employee’s collective bargaining agreement (CBA), the employee’s Washington Family Care Act (WFCA) claim was not preempted.

Ninth Circuit: Fair Credit Reporting Act Pre-Adverse Action Notice Is a Procedural Requirement and Not an Actionable Right

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

July 13, 2018

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(888) 378-2456

In Dutta v. State Farm, the Ninth Circuit Court of Appeal stated that an employee did not have standing to sue a prospective employer for failing to comply with the pre-adverse action notice requirements under the Fair Credit Reporting Act (FCRA). The FCRA requires employers to give applicants notice before they take any adverse employment action based on the results of a consumer report (e.g., credit report). This requirement is meant to give the applicant an opportunity to contest or correct information in the credit report. After providing such pre-adverse action notice and certain timing requirements are met, an employer may then take the adverse action if it still intends to do so.

Hawaii: Prior Salary History Inquiries Banned as of January 1, 2019

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with HI Employees

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January 1, 2019

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(888) 378-2456

Senate Bill 2351 prevents employers with at least one employee working in Hawaii from making prior salary history inquiries, except under very limited circumstances. Like most other states implementing such laws, employers must be careful not to ask for, search for, or rely upon prior salary history when setting compensation rates for a new position.

Ninth Circuit: Tribal Casinos Must Obey NLRA

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

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

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April 26, 2018

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(888) 378-2456

According to the Ninth Circuit Court of Appeals, even self-governed tribal land must obey the provisions of the National Labor Relations Act (“NLRA”). In National Labor Relations Board v. Casino Pauma, the circuit court stated that the casino violated the NLRA by attempting to limit protected union activity.

Under the NLRA, employees have the right to engage in specified protected activities relating to improving or discussing working conditions, free of employer retaliation or adverse action. At Casino Pauma, operated by the Pauma Band of Mission Indians and located on the tribe’s reservation, a number of casino workers began distributing union leaflets to customers entering the casino. The employees were originally removed by security. When they attempted to distribute leaflets some weeks later, the employees were disciplined.

The NLRB filed a complaint on behalf of the employees. An administrative law judge found that the casino violated the NLRA by attempting to interfere with protected union activities, and the circuit court agreed, stating that the NLRA applies to tribal employers.

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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.

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

May 7, 2018/0 Comments/in HR Alerts /by ManagEase

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

EFFECTIVE

April 9, 2018

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(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.

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