The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate requirements. As a reminder, Illinois is setting deadlines for covered employers to apply for certification on a rolling basis. The deadline for the first round of employers to file for certification
Archives for May 24, 2022
California law requires employers to provide meal and rest periods to most non-exempt employees. If an employer does not provide eligible employees with the opportunity to take those meal and rest periods, then Labor Code section 226.7 requires the employer to pay an additional hour of pay as a “premium” (up to two hours per day—one hour for rest period violations, and one hour for meal period violations). So far, so good, right?
Suzanne Odom comments on the challenges employers are facing in determining equitable compensation for their workforces as more employees transition to remote work in “Compensation Is a Huge Corporate Headache in the Remote-Work Era,” published by Bloomberg Law.
Paul Kelly discusses the practice of mid-trial sidebar critiques of judges in relation to a case where an assistant U.S. attorney critiqued a U.S district judge during the trial on the second college admissions scandal in “How A Heated ‘Varsity Blues’ Trial Nearly Went Off The Rails,” published by Law360.
Andrew Maunz discusses guidance issued by the U.S. Equal Employment Opportunity Commission that warned the most common ways employers use AI may discriminate against disabled employees and applicants by not providing them with reasonable accommodation in “Regulators target disability bias risks in AI tools,” published by Business Insurance.
A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision. Morgan v. Sundance, Inc., No. 21-328 (May 23, 2022).
Kristen Klein Wheaton and Sean P. Beiter, partners in Goldberg Segalla’s Employment and Labor group, will be presenting a webinar in conjunction with National Public Employer Labor Relations Association (National PELRA) on May 25, 2022 titled “Disciplining Law Enforcement After May 25, 2020: Lessons Learned – What Works? What Doesn’t?”
Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a private action for discrimination brought pursuant statutes governing those receiving federal funding enacted pursuant to the Spending Clause. There are four such statutes for those receiving federal funding: Title VI of the Civil Rights Act of 1964 prohibits race, color and national origin discrimination; Title IX of the Education Amendments of 1972 prohibits sex discrimination in schools; the Rehabilitation Act of 1973 (“Rehab Act”) prohibits disability discrimination; and the Affordable Care Act (“ACA”) prohibits discrimination based on race, color, national origin, sex, disability, and age by healthcare entities.
Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers. A3715 purports to address the laudable goal of exempting low-wage workers, students, and seasonal and temp workers from post-employment restraints or covenants. But the bill goes much further and, if passed, the new law will effectively end more than 100 years of non-compete use by New Jersey employers.
Judge says Tesla ‘ambushed’ worker into agreeing to arbitrate
As our computer software and hardware constantly improve, employers find new ways to take advantage of these advancements.
A federal judge in Texas has blocked a university from re-implementing an anti–discrimination policy and sided with a conservative group who argued it was a violation of the free speech protections of the First Amendment.
Many companies have made a switch from in-person to hybrid or fully remote workforces over the last few years.
The majority of civil cases settle before they get resolved by a court.