Oregon’s state government, ahead of the January 1, 2019, effective date of the state Equal Pay Act (EPA), is conducting an expansive, behind-the-scenes pay equity analysis of its departments to identify and remedy any potential pay disparities between male and female employees.
Are You “Doing Enough” to Avoid ERISA Statutory Penalties?
Clients often are surprised to learn they are liable for ERISA statutory penalties associated with participant document requests even though they have retained an independent third party to administer their ERISA welfare benefits plans (such as disability, life, and health plans). It is fairly well established in most of the federal circuits that only the plan administrator, as defined by ERISA, can be penalized for failure to respond to document requests.
OFCCP and National Industry Liaison Group Enter into Memorandum of Understanding
In continued commitment to restoring the Agency’s relationship with the contractor community, OFCCP recently announced it has entered into a three-year Memorandum of Understanding (“MOU”) with the National Industry Liaison Group (“NILG”) in order to foster collaboration between the federal contractor community and OFCCP.
California Restricts Confidentiality Provisions Concerning Information Related to Sexual Harassment
California Governor Jerry Brown has signed three bills into law that restrict employers in the securement of non-disclosure, release, and non-disparagement agreements that attempt to limit parties in discussing sexual harassment-related factual information.
New York State Issues Final Guidance Regarding Combating Sexual Harassment in the Workplace
The State of New York has issued final guidance on combating sexual harassment in the workplace. This includes updated guidance on the mandatory sexual harassment prevention policies and annual employee training applicable to employers in New York beginning October 9, 2018.
New California Law Alert! Expanded Requirements for Talent Agencies to Provide Sexual Harassment and Eating Disorder Related Education and Training to Its Artists
Governor Jerry Brown has signed into law Assembly Bill 2338 which requires talent agencies licensed by the California Labor Commissioner to provide materials related to sexual harassment prevention, retaliation, among others, to its artists. Additionally, the bill requires that prior to receiving a permit to employ a minor in the entertainment industry, the minor’s parent or legal guardian must participate in trainings related to sexual harassment prevention, retaliation, and reporting resources.
California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts
In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims.
Claims of Workplace Harassment in California to Receive Greater Protections under New Law
Beginning January 1, 2019, new California law creates several new protections for employees bringing harassment claims.
New California Law Requires Sexual Harassment Prevention Training for Supervisors and Non-Supervisors
California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020.
Contracting Around Class Actions, a Win for Employers!
In O’Connor v. Uber Techs., Inc., 2018 U.S. App. LEXIS 27343 (9th Cir. 2018), a unanimous panel in the Ninth Circuit found that Uber’s arbitration agreements did not violate the National Labor Relations Act of 1935 (“NLRA”) and the question of arbitrability was designated to the arbitrator. The ruling provided a major victory to Uber, requiring each plaintiff to separately arbitrate his or her claims.
Dallas Mavericks Investigation Report Recommends Women in Leadership and Anonymous Workplace Climate Surveys to Combat Sexual Harassment
Following a February 2018 Sports Illustrated article regarding alleged sexual harassment and misconduct within Dallas Basketball Limited, the Dallas Mavericks basketball organization (“Mavericks”), the Mavericks commissioned an independent investigation into the claims. The investigators, comprised of two outside law firms, interviewed 215 witnesses and analyzed 1.6 million documents. The investigation report was publicly released on September 19, 2018.
Pennsylvania Jury Finds Female Professor’s Retaliation Claims Pass the Test
A federal jury has awarded a female professor lost earnings and punitive damages on two counts of employment retaliation, despite rejecting her claim of sex discrimination in a university’s distribution of coveted teaching assignments. Baugh v. Robert Morris University, No. 2016-cv-430 (W.D. Pa. Sept. 11, 2018).
Déjà Vu? Illinois Governor Vetoes Salary History Ban
Illinois is not yet on the salary history ban wagon. For the second time since 2017, Illinois Governor Bruce Rauner vetoed a law that would prohibit employers from seeking salary history information from prospective employees, among other fair pay provisions.
Eleventh Circuit: Court Will Decide Parties’ Intentions in ‘Unclear’ Arbitration Agreements
In a matter of first impression before the Eleventh Circuit Court of Appeals, and an issue left open by the U.S. Supreme Court, the Eleventh Circuit has ruled that who decides whether an action can be litigated as a class in arbitration is an issue of “arbitrability” and those are all to be decided by the court in the absence of terms of the arbitration agreement that evince a “clear and unmistakable intent” to overcome that default presumption. JPay, Inc. v. Kobel, No. 17-13611 (11th Cir. Sept. 19, 2018).
Diversity Lottery Registration to Open
USCIS has announced that the 2020 Diversity Lottery will open for registration at noon EST on October 3, 2018 and run until noon EST on November 6, 2018. Fifty thousand green cards will be available.