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Seventh Circuit Declines to Award Damages to Victorious Janus Plaintiff

Jackson Lewis P.C. • November 20, 2019
An employee who paid “fair share” union fees under protest is not entitled to damages to refund any of the money he paid the union, the U.S. Court of Appeals for the Seventh Circuit has held. Janus v. Am. Fed’n of State, No. 19-1553 (Nov. 4, 2019). The Court explained fair share fees were “an exchange of money for services” that was permitted under the law in effect at the time they were deducted from the employee.

E-Filing Now Required in NLRB Cases

Goldberg Segalla LLP • November 20, 2019
In February 2017, the National Labor Relations Board (NLRB) amended Part 102 of its rules and regulations to include a provision governing electronic filing of documents before the board. Section 102.5(c) specifically provides that unless otherwise permitted under the rules and regulations, all documents filed in cases pending before the board must be filed electronically through the board’s website.

Employer Concerns with Employee Substance Abuse and Drug Use: A Q&A with Caroline J. Berdzik of Goldberg Segalla

Goldberg Segalla LLP • November 20, 2019
Caroline J. Berdzik, partner and chair of the firm’s Employment and Labor and Health Care practice groups, was featured in a Q&A with The National Law Review giving insight and ideas on how employers should proceed when an employee demonstrates an indication of substance abuse.

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

Fisher Phillips • November 20, 2019
Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The November 1 jury verdict came after the Supreme Court permitted her to pursue a claim under Title VII despite her failure to include the claim in her original charge with the Equal Employment Opportunity Commission (EEOC). The verdict reaffirms the risks and significant costs employers face in defending a claim — even one never filed with the EEOC — if it does not move to dismiss a complaint for failure to exhaust or, at a minimum, include this as an affirmative defense when answering the complaint.

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler Mendelson, P.C. • November 20, 2019
The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal Regulatory and Deregulatory Actions – Fall 2019 (regulatory agenda), released on November 20, 2019. The regulatory agenda lists agency rulemaking activities at various stages of development, and includes a description of agencies’ priorities for the upcoming months. While the deadlines are often aspirational, they do provide insight into which rules are advancing. A discussion of the DOL’s Wage and Hour Division regulatory priorities, including its upcoming rule on joint employment, can be found here. This article focuses on the EEOC’s and NLRB’s agenda items.

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler Mendelson, P.C. • November 20, 2019
The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019. Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities. Only one of these is new: a planned Notice of Proposed Rulemaking (NPRM) on the regulations at 29 C.F.R. Part 531, which interpret section 3(m) of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203(m). Section 3(m) allows employers to count the reasonable cost of furnishing employees with board, lodging, or other facilities towards the minimum wage obligation. The WHD plans to issue an NPRM later this year to clarify the meaning of “other facilities” and to provide additional compliance guidance.

Maryland Prohibits Noncompetes for Low-Wage Employees

Ogletree Deakins • November 20, 2019
A new state law in Maryland now prohibits employers from requiring low-wage employees to enter into noncompete agreements. Maryland Senate Bill 328, which took effect on October 1, 2019, prohibits employers from obligating any employee who earns less than $15.00 per hour or $31,200 per year from entering into an agreement that restricts the employee’s ability to work with a new employer in the same or similar business. The statute provides that entry into such agreements with low-wage employees is against public policy and therefore void.

Colorado Proposes Increasing Minimum Salary of Overtime-Exempt Workers to $57,500

XpertHR • November 20, 2019
The minimum annual salary for many overtime-exempt employees in Colorado would increase to $57,500 under new regulations proposed by the state labor department.

YEAR-END REMINDER: New Jersey’s Salary History Ban Takes Effect January 1, 202

Fisher Phillips • November 20, 2019
In just a few short weeks, New Jersey employers will no longer be allowed to ask prospective employees about their salary history during the application or interview process or rely upon salary history in setting compensation. The rationale for the new statewide law is that setting compensation based on prior salary may perpetuate an unlawful pay disparity. By excluding salary history from the mix, employers will only be able to set compensation based on lawful considerations, including the specific job duties of the position and the applicant’s skill, education, training, and experience.

New Jersey Contracting Crisis – The War on Misclassification Rages On

FordHarrison LLP • November 20, 2019
Background: Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its scrutiny of contractors within the state.
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