Restaurant Industry Newsletter (May 2013)
A number of well-known restaurant chains have been hit with lawsuits over the last few years alleging that their exempt managers or assistant managers were indeed non-exempt and therefore should have been paid overtime. These cases demonstrate that simply calling employees managers and paying them on a salaried basis does not insulate restaurant owners from liability under the overtime provisions of federal and state wage and hour laws.
EEOC Files First Genetic Discrimination Class Action Against Nursing and Rehabilitation Center
On May 16, 2013, the U.S. Equal Employment Opportunity Commission filed its first class action lawsuit under the Genetic Information Nondiscrimination Act (GINA) against a nursing and rehabilitation center. The EEOC filed this class action just 11 days after it filed—and then immediately settled—its very first lawsuit alleging genetic bias. The EEOC’s filing of these two lawsuits in such close succession signals to employers its commitment to pursuing genetic discrimination claims.
EEOC Settles First GINA Suit
Employer liability under the Genetic Information Nondiscrimination Act is no longer theoretical.
Puerto Rico Moves Closer to Prohibiting Discrimination on Basis of Sexual Orientation, Gender Identity
The Senate of the Commonwealth of Puerto Rico has approved a bill prohibiting discrimination on the basis of sexual orientation or gender identity in the public and private sectors. Senate Bill No. 238 includes an amendment to Puerto Rico’s Anti-Discrimination Statute, Act No. 100 of June 30, 1959, as amended, barring employers from discriminating against any employee or employment candidate on the basis of his or her sexual orientation or gender identity.
New York Labor Department Issues Regulations Interpreting Recent Amendments to Wage Deduction Statute
The New York State Department of Labor (NYSDOL) has issued proposed regulations to guide compliance with a recent state statute expanding the scope of permissible wage deductions in New York as of November 6, 2012. The public is invited to comment on the proposed regulations until July 6, 2013. Along with the statutory amendments, the regulations, if adopted in their current form, would allow for greater flexibility with respect to permissible deductions.
New Employee Privacy Law in Virginia Goes Into Effect July 2013
Virginia has enacted a new law that is intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. Effective July 1, 2013, the law limits those situations in which an employer may be required to disclose certain information to third parties about current and former employees. Delegate Barbara Comstock, who spearheaded this law, calls it “...a victory for the rights of workers and for protecting employees in the workplace.”
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