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Equal Pay Act Claim Requires Show of Pay Disparity “Based on Sex” as Part of Prima Facie Case, Court Holds

Jackson Lewis P.C. • September 20, 2018
Departing from other federal appeals courts, the U.S. Court of Appeals for the Federal Circuit has held that Equal Pay Act plaintiffs must establish that the pay differential between similarly situated employees is “historically or presently based on sex” to make out a prima facie case.

Full 9th Circuit Approves "20% Rule" for Tipped Employees

Littler Mendelson, P.C. • September 20, 2018
Many years ago, the U.S. Department of Labor (DOL) issued guidance known as the "20% Rule" or "80/20 Rule," which provides that, where tipped employees spend in excess of 20% of their workweek on non-tip-earning tasks, no tip credit may be taken for the time spent in such duties. The 20% Rule has been the subject of much litigation in courts across the country. In September 2017, a three-judge panel of the Ninth Circuit Court of Appeals rejected the DOL’s guidance, finding that it was not entitled to any deference.1 A year later, on September 18, 2018, the full Ninth Circuit reversed the earlier three-judge panel decision, and held that the DOL guidance was entitled to deference,2 meaning that the 20% Rule is alive and well (at least in the Ninth Circuit).

Answers to Frequently Asked Questions on the NLRB’s New Joint Employment NPRM

Ogletree Deakins • September 20, 2018
On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another entity’s employees. The NPRM presents the potential for a welcome change for employers, many of which have struggled with the strict joint employment standard imposed over the last few years. Here are answers to some frequently asked questions about the NPRM and its practical impacts on employers below.

Washington State Governor Issues Executive Order Discouraging Arbitration Agreements and Class Action Waivers for Government Contractors

Ogletree Deakins • September 20, 2018
On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims.

More Buzz in Connecticut on Medical Marijuana in the Workplace

Ogletree Deakins • September 18, 2018
A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC (Noffsinger II), the court further defined the contours of a PUMA discrimination claim, holding that federal law does not negate PUMA’s anti-discrimination protections and that certain damages are not recoverable under PUMA. This case is significant for employers because it explains the relationship between federal and Connecticut state laws concerning marijuana use and provides important guidance for employers that use drug testing in the workplace.

New Jersey Paid Sick Leave Law -- Proposed Regulations Issued

Ogletree Deakins • September 18, 2018
The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations to implement the New Jersey paid sick leave law (PSLL), which goes into effect on October 29, 2018. The proposed regulations address many questions New Jersey employers have about the new law, but other areas of uncertainty remain.
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