Following its “epic” loss last year on the issue of whether class action waiver provisions in employment arbitration agreements violate Section 7 of the NLRA, the NLRB has issued a new decision taking a much more employer-friendly view of mandatory arbitration agreements.
Breaking News: Ninth Circuit Withdraws Opinion Holding That Dynamex Applies Retroactively
In May of this year, the Ninth Circuit issued a significant opinion in Vazquez v. Jan-Pro Franchising Int’l, holding that the California Supreme Court’s 2018 decision in Dynamex Operations West v. Superior Court applies retroactively. In Dynamex, of course, the California high Court created a brand new, and very narrow, test for determining when a worker properly may be classified as an independent contractor as opposed to an employee under state law. Because the test was new to California employers, it rather obviously would be unfair to hold an employer liable for not classifying workers according to that new test prior to the test’s existence. However, no published state court decision has been issued answering the question of whether the new test applies retroactively. Plaintiffs’ attorneys litigating claims against companies for independent contractor misclassification (using statute of limitations periods that go back 4 years, pre-dating the Dynamex decision) unsurprisingly argue that Dynamex applies retroactively. In May of this year, the Ninth Circuit agreed and held that the decision applies retroactively. The employer in that case, Jan-Pro franchising, responded by petitioning the Ninth Circuit for rehearing. Today, the Ninth Circuit granted that petition and issued an order withdrawing its original opinion and indicating that it would be certifying the question of retroactivity to the California Supreme Court.
Recent Developments for California Employers: Racial Hairstyles, Uniforms, and Regular Rate
In case you missed them, there have been some recent developments impacting EEO policies and practices and wage and hour practices. This post summarizes some notable developments.
Supreme Court Reaffirms That Class Arbitration May Not Be Ordered Unless the Arbitration Agreement Clearly Allows for It
The United States Supreme Court recently issued its opinion in Lamps Plus v Varela, holding that a class action may not be ordered to arbitration unless the parties’ arbitration agreement expressly states that class claims may be arbitrated.
EEOC Pay Data Reporting Deadline Is Now September 30, 2019, But an Appeal Is Pending
Employers with 100 or more employees, and federal contractors with 50 or more employees, historically have been required to file annual Employer Information Reports (“EEO-1 Reports”) disclosing their number of employees by job category, race, and sex. In 2016, the Obama administration’s EEOC expanded the required EEO-1 reporting data to include pay and hours worked data. The intention of this expanded reporting requirement was to help the agency identify discriminatory pay gaps. Under this expanded rule, covered employers would have been required to submit the pay data by March 31, 2018.
Ninth Circuit Holds That Dynamex Independent Contractor Test Applies Retroactively
Yesterday, the Ninth Circuit issued its decision in Vazquez v. Jan-Pro Franchising, Inc., holding that last year’s California Supreme Court decision in Dynamex Operations West v. Superior Court applies retroactively. This is the first published decision addressing the retroactivity of the Dynamex decision.
Equal Pay Day & The US Pay Equity Landscape
Equal Pay Day symbolizes how far into the current year women must work, on average, to reach the same level of compensation that male workers earned in the prior year in the United States. Falling on April 2, this year, 17 days earlier than in 2005, Equal Pay Day 2019 shows movement toward pay equity.
What Every Employer Should Learn from the “Varsity Blues” College Fraud Admissions Scandal
The arrests and indictment of the alleged conspirators in the “Varsity Blues” scandal hits close to home as we are graduates of some of the venerated institutions and have teenage children who dream of attending prestigious universities whose reputations have been tarnished by association. A key lesson for all employers: plan ahead for the unexpected.
Federal Judge Reinstates EEO-1 Pay Data Reporting Rule
Employers with 100 or more employees, and federal contractors with 50 or more employees, historically have been required to file annual Employer Information Reports (“EEO-1 Reports”) disclosing their number of employees by job category, race, and sex.
US Supreme Court Reverses Controversial Ninth Circuit Equal Pay Act Ruling
US Supreme Court reverses controversial Ninth Circuit Equal Pay Act ruling.
Update on Recent Court Decisions: Background Checks, Call-in Pay, and Payroll Company Liability
California courts have been busy since the start of the new year issuing decisions that affect employers with California employees. Here’s an update on the most significant of these decisions and how they impact employers and their policies and practices.
eVerify: Good News and Bad News
There is good news and bad news regarding eVerify.
USCIS Makes Changes to the H-1B Lottery
Today, USCIS published its final rule “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens” in the Federal Register.
eVerify: Good News and Bad News
There is good news and bad news regarding eVerify.
U.S. Supreme Court Provides More Guidance on Arbitration Agreements
In the last two weeks, the nation’s high court issued two opinions concerning an important issue relating to enforceability of arbitration agreements, namely, who decides the “gateway” issue of whether or not a particular dispute is arbitrable—a court or an arbitrator?