Tag: SCOTUS

EEO-1 and Pay Data On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) announced the collection of calendar year 2017 and 2018 pay data (EEO-1 Component 2) from EEO-1 filers by September 30, 2019. The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July 2019, and will notify…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains what employers need to know about upcoming U.S. Supreme Court cases regarding Title VII protections for LGBTQ discrimination. The status, the arguments, and my predictions. I’ve been waiting anxiously since September for…

Update: SCOTUS Decision On February 25, 2019, the Supreme Court of the United States (SCOTUS) vacated and remanded Rizo v. Yovino based on a legal technicality rather than the merits of the case. In Rizo v. Yovino, the Ninth Circuit Court of Appeals (see below) had held that under the federal Equal Pay Act (EPA)…

DOL Publishes Penalty Increases Update: The penalties were published in the Federal Register on January 23, 2019 and are effective. On January 15, 2019, the U.S. Department of Labor (DOL) released a pre-publication of its Federal Register notice with specifics about the adjustment, for inflation, of the civil monetary penalties assessed or enforced by the Department…

Steven Katz, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains what this week’s SCOTUS decision in New Prime, Inc. v. Oliveira means for employers. The Court has delivered employers their first loss in an arbitration case in decades. This week, the U.S….

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, provides a summary of what you may have missed over the holiday break. EEOC, court kick “Onionhead” employer while it’s down A federal judge in New York ruled on post-trial motions filed by…

OSHA Crane Operator Final Rules On November 9, 2018, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) announced the release of its Cranes and Derricks in Construction: Operator Certificate Extension final rule (Final Rule 82: 51986-51998). The final rule: Removes the requirement that crane operator certifications include the crane’s rated lifting capacity….

The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption…

Public-Sector Employees No Longer Required to Subsidize a Union They Don’t Join On June 27, 2018, the Supreme Court of the United States (SCOTUS) closed out its term with a decision altering a 40-year precedent (Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977)) and overturning more than 20 state’s laws. In Janus,…

Q: May we add an arbitration clause prohibiting class action lawsuits to our employment contracts? A: Yes. Until recently , courts were split on the issue and the National Labor Relations Board (NLRB) ruled that “it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining…