Tia Martarella discusses the employer-side argument that ERISA class actions can be forced into individual arbitration, which has faced widespread rejection in the appellate courts despite their invocation of the effective vindication doctrine, permitting judges to refuse enforcement of arbitration agreements that eliminate statutory remedies in “5 Argument Sessions Benefits Attys Should Watch For In July,” published by Law360.
Archives for July 8, 2024
Joseph Lynett Discusses Recent Restrictions on the ‘Honest Belief’ Defense in Workplace Discrimination Disputes
Joseph Lynett discusses that while the Eighth Circuit’s recent boundary on the honest belief rule doesn’t necessarily change the fundamental principles guiding these situations, employers should continue to carefully examine the facts in disability-related cases to ensure ADA compliance and address any alleged infractions in “8th Circ. Curbs An Employer Defense In Disability Bias Cases,” published by Law360.
The Risks of an Operating System Integrated with Artificial Intelligence
Artificial intelligence (AI), and especially generative AI, has quickly become one of the hottest topics in the modern age. Where digital footprints are ubiquitous and data has become a valuable commodity, AI has emerged as a focal point of innovation and concern. With AI now being integrated into operating systems (OS) promising enhanced efficiency, it is crucial to recognize that along with these advancements come new risks.
U.S. Supreme Court Holds Door Open to Challenge Federal Regulations
The U.S. Supreme Court has held that a federal regulation can be challenged on its face long after the rule is issued by an agency. Corner Post, Inc. v. Bd. of Governors of the Federal Reserve System, No. 22-1008 (July 1, 2024). The six-year statute of limitations under the Administrative Procedure Act to challenge a final agency regulation begins when a plaintiff is injured by a final agency action, not when the regulation was issued, the Court’s majority explained.
Pregnancy Accommodations and the PWFA’s Final Regulations—Your Questions Answered
The EEOC’s final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act provide important clarifications and insights into how the EEOC will enforce the law. The PWFA went into effect on June 27, 2023.
OSHA Announces Proposed Rule on Heat
The Department of Labor released its long-awaited proposed rule to protect indoor and outdoor workers from hazards associated with extreme heat. As expected, it focuses on water, rest shade, acclimatization, and training.
5th Circuit: Follow Salary Basis Test or Lose FLSA Overtime Exemptions
“5th Circuit: Follow Salary Basis Test or Lose FLSA Overtime Exemptions,” HR Laws Southeast Employment Law Letter, Vol. 5, No. 7
Jones Walker Labor & Employment Practice Ranked Nationally in 2024 Chambers USA and 2024 Legal 500 United States
Jones Walker LLP is pleased to announce that its Labor & Employment Practice Group received national rankings in the 2024 edition of Chambers USA by Chambers and Partners and in the 2024 Legal 500 United States guide.
Is Chevron Gone but Not Forgotten?
The US Supreme Court has addressed the deference rule in interpreting and applying Congressionally enacted federal law by federal agencies versus a Court’s understanding where gaps exist. It is an interesting civics read concerning the three branches of government, separation of powers, and enforcement. The question is, what now? How will this impact the maritime community?
Goldberg Segalla Welcomes Serenity Eller
Serenity counsels and defends employers, insurers, and third-party administrators in workers’ compensation matters. She is engaged in all aspects of the claims process from referral through closure, including legal assessment, discovery, hearings, trials, mediations, and appeals.
FordHarrison Accolades & Additions: Second Quarter 2024
FordHarrison Named Among Top Labor and Employment Law Firms in 2024 by Chambers USA
Is Illinois Trying to Bar the Use of E-Verify (Again)?
Real World Impact: Based on a recent amendment to the Illinois Right to Privacy in the Workplace Act (the Act) sent to Governor JB Pritzker for signature on June 20, 2024, it would appear that the answer to this question might be yes! Thus, employers in Illinois who voluntarily use the federal E-Verify system should be aware of pending legislation that could be interpreted to bar such use. If this legislation is enacted, employers will need to evaluate their work authorization practices to ensure they comply with Illinois state law.
California Significantly Reforms Private Attorney’s General Act
Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the State of California, to sue and recover civil penalties against their employer for violations of the state labor code. Both bills were designed to curb some of the more abusive practices arising from the law’s enforcement. Among the most notable amendments, which will apply only to lawsuits filed on or after June 19, 2024, include: (a) changes to who has standing to sue under PAGA and under what claims; (b) incorporating caps and limits to PAGA’s penalty structure; (c) empowering courts to better address manageability concerns when trying a PAGA case.
New Update on Litigation Challenging the DOL’s 2024 Salary Rule
Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide preliminary injunction, finding that the small employer, who had only one employee who would potentially be affected by the DOL’s July 1, 2024 salary increase, did not show irreparable harm.
California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers
Employers with operations in California are all too familiar with how state and local officials continue to restrict the access employers have to public records, including criminal history information.1 For example, lengthy delays in completing standard criminal background checks are now routine in California.2 Apart from criminal background checks, many employers rely