recent employment law cases 2019

recent employment law cases 2019

5, 2019). With those principles in mind, and emphasizing the importance of stare decisis, the Court retained the Auer deference and attempted to clarify its scope. Equal Employment Opportunity Commission: U.S. The Court reiterated that deference cannot come into play unless the agency regulation is truly ambiguous and the agency’s interpretation is reasonable. The highest court in Wisconsin is the Wisconsin Supreme Court, which consists of seven judges. Next term, among other issues, the Court has agreed to consider a trio of cases to assess whether Title VII of the Civil Rights Act of 1964’s employment discrimination provision “on the basis of sex” includes discrimination based on an individual’s sexual orientation and gender identity. Only the Ninth Circuit had held that small local government offices were bound by the ADEA, whereas the Sixth, Seventh, Eighth, and Tenth Circuits had all held that state government offices of less than 20 employees did not qualify as employers for purposes of ADEA coverage. maintains the employee’s employment records. Notably, while all justices concurred in the judgment, several of the more conservative jurists (led by Justice Gorsuch) criticized the Court’s refusal to abandon Auer.9, Parker Drilling Management Services, Ltd. v. Newton. READ MORE Hamilton et al. The next term, and especially the implications of the extent of Title VII protections for employees, will be particularly influential. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z. v. Wal-Mart Stores Inc. et al. The Supreme Court in Yovino v. Rizo vacated and remanded the Ninth Circuit’s decision on the basis that the appellate court released its opinion after the judge who wrote on behalf of the majority (Judge Reinhart) died. Husch Blackwell is pleased to offer the ELM in a convenient, searchable digital format at a cost of $345 for new subscribers and $295 for previous owners. On January 15, 2019, the Supreme Court ruled 8-0 that Section 1 of the Federal Arbitration Act (FAA) excludes from FAA coverage interstate truck drivers, even if they are independent contractors. Rather, it is a non-jurisdictional, mandatory claim-processing rule that is a precondition for relief. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Further, the Court reasoned that the OCSLA applied only when there was no other federal law on point. The Court’s opinion explained that agency deference as to ambiguous regulations is “rooted in a presumption about congressional intent—a presumption that Congress would generally want the agency to play the primary role in resolving regulatory ambiguities.” The opinion stressed that such deference “serves to ensure consistency in federal regulatory law,” enabling stakeholders to plan their means of complying with laws and regulations. Council. The Court also held that a court, and not an arbitrator, must determine, at the outset, whether the Section 1 exclusion applies even when the agreement delegates questions of arbitrability to the arbitrator. The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. Firm represented a female staff member against her former employer for gender discrimination in the form of egregious sexual harassment in violations of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) with additional claims of failure to properly accommodate her disability in contravention with the Americans with Disabilities Act (“ADA”), the NYSHRL and the NYCHRL. Long ago, child labor was common and legal. As a result, on reconsideration, the VA granted him benefits beginning with the date of his motion to reopen—but not from his original application. In Lamps Plus, the Court on April 24, 2019 held that class arbitration is permissible only if the arbitration agreement expressly provides for such resolution. The respondent in this case worked 14-day/12-hour shifts on a drilling platform on the OCS off the California coast. In Rizo, the defendant-employer alleged that the EPA’s catchall defense included consideration of an employee’s prior salary. The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. The Supreme Court affirmed.4. v. american humanist assn. But despite some expectations that the new makeup of the Court would be more divided than the previous term, there were several unanimous employment law decisions this session. 4 For a more detailed discussion of this decision, see Steve McCown and Andrew Gray, Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional, Littler ASAP (June 4, 2019). He brought a claim of age discrimination in 2013 after his column was reduced from thrice a week to twice a year, before ultimately being eliminated. Tribunals have the power to impose a £5,000 ‘aggravated breach’ penalty on employers losing cases, and from 6 April 2019, the maximum limit on these penalties will rise to £20,000. The employer argued that the lost wages portion of the judgment was taxable compensation under the RRTA and asked that taxes be withheld to cover the employee’s share of RRTA taxes. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. The respondent in this case initially alleged sexual harassment and retaliation against her employer, but then attempted to supplement her charge by handwriting “religion” on the EEOC intake questionnaire, without amending the formal charge itself. Another impactful case this year was that of … Employer does not … march 19, 2019: no. The Labor Department’s move is in the same vein as the proposal unveiled by the National Labor Relations Board in September, which also aims to fundamentally alter the definition of joint employment in matters related to unionization purposes. The pleading standard at issue applies when employees bring a claim that a fiduciary breached his or her duty by failing to divest company stock from the employee stock ownership plan (ESOP) when the ESOP manager knew of an increased risk in the stock or that company stock prices may be artificially high. Ultimately, the Court vacated the appellate court’s holding and remanded the case, instructing the Federal Circuit to further examine whether the VA’s regulation is truly ambiguous and to reassess whether Auer deference should apply under the circumstances. With respect to the arbitrability question, the Court held that a court, not an arbitrator, must determine whether FAA Section 1’s exclusion applies before mandating arbitration.1. U.S. Supreme Court Issues Landmark Civil Rights Decision. The question presented in Mount Lemmon Fire District v. Guido was whether local government or agency bodies employing fewer than 20 workers could be considered “employers” under the ADEA. The Court has taken Fort Bend County v. Family friendly. The Supreme Court upheld Auer deference. This Legal Alert provides an overview of specific legal developments. 22, 2019). The Court will address an apparent circuit split in the interpretation of Fifth Third Bancorp v. Dudenhoeffer, wherein the Second Circuit disagreed with the Fifth and Sixth Circuits about the standard for bringing a breach of fiduciary duty claim for a company stock purchasing plan. Where employers offer enhanced contractual maternity … The EPA delineates four defenses to this general rule. For a list of key dates for 2020, see our employment law timeline. I do not regard the Court’s decision today to touch upon the latter question. We recruit, hire, develop, retain, and promote the best attorneys and staff at all levels – regardless of race, color, ethnicity, gender, religion, age, LGBTQ identification, marital status, disability, background, or viewpoint. The following provides a brief overview of the significant employment cases decided this term and provides a preview of the issues on the Court’s 2019-2020 docket. 5 See Tara Presnell and Alexandra Hemenway, U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case, Littler ASAP (Feb. 29, 2019). Find a decision from the Employment Court. In Parker Drilling Management Services, Ltd. v. Newton, the Court held that the Fair Labor Standards Act, and not state law, applies to drilling platforms located in open waters governed by the Outer Continental Shelf Lands Act (OCSLA). The drilling company complied with federal laws on standby time, but allegedly did not comply with California’s minimum wage and standby laws. The Ninth Circuit found that the fire station was a “State agent or political subdivision of a State” under 29 U. S. C. § 630(b)(2) (the ADEA) and was liable for an age discrimination claim under the ADEA. The U.S. Court of Appeals for the Federal Circuit also affirmed, relying on the deference afforded to the agency’s right to interpret its own regulations, known as Auer deference.8. The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. The Court compared the lost wages payment to payouts under the Federal Insurance Claims Administration and determinations by the Internal Revenue Service that wages do not necessarily need to be paid for active services, as previous cases had held both severance pay and back pay to be taxable wages.6 The Court qualified this finding only with the comment that payments for active service or for periods of absence from service may be considered taxable compensation under the RRTA, as long as they stem from the employer-employee relationship.7, In Kisor v. Wilkie, the Court considered whether and when courts should grant a federal agency deference to interpret its own ambiguous rules and regulations. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). Podcast: Key employment cases for 2019. These cases highlight interesting or topical employment cases. The Supreme Court reversed, holding that a “wholly groundless” exception was inconsistent with the FAA where, as in the case before it, the parties had delegated arbitrability disputes to the arbitrator. Let us know in the comments. If you have any questions about these developments or how they may affect your business, please contact your Fisher Phillips attorney. Pay disparities will be deemed lawful if they are made pursuant to: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of production; or (4) a differential based on any factor other than sex. The agreement delegated to the arbitrator questions about the agreement’s enforceability. (Case No. The Court of Appeal … In this case, an employee adversely impacted by a data breach at his company sued on behalf of himself and a putative class. The Court cited the 1972 amendments to Title VII and 1974 amendments to the Fair Labor Standards Act (FLSA) as support for its conclusion that state government offices, regardless of size, were intended to be considered “employers” under the ADEA as well. In the 8-0 opinion written by Justice Ginsberg (Justice Kavanaugh did not take part in the decision), the Supreme Court held that the phrasing of § 630(b) illustrated Congress’ intent to include all state offices as employers, regardless of the number of employees. 7 For a more detailed discussion of this decision, see William Hays Weissman and Dustin Bodaghi, Supreme Court Holds "Compensation" for Lost Time Is Taxable under the RRTA, Littler ASAP (Mar. Employment law is ever-evolving, and 2019 is shaping up to usher in its fair share of changes. supervises and controls the employee’s work schedule or conditions of employment; determines the employee’s rate and method of payment; and. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Click here to read more about how we use cookies. In addition, the Court determined what is considered taxable compensation under the Railway Retirement Tax Act (RRTA), when federal law controls on off-shore drilling rigs, and when agencies can interpret their own ambiguous rules and regulations. 25, 2019). The company sought to compel arbitration, but the driver argued that because he was a transportation worker, the FAA Section 1 exemption, which provides that disputes concerning transportation workers engaged in interstate commerce are not covered under the FAA, should apply to his complaint. The only new employment case the Supreme Court has taken for review this term has left most practitioners wondering why the Court took it, and what practical difference the outcome will make. Build a Morning News Brief: Easy, No Clutter, Free! The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. Def. The decision has a big impact in sectors where staff are allowed to sleep at work until called upon. 1 For a more detailed discussion of this case and how it affects employers and arbitration agreements, see Rachel Fendell Satinsky, Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption, Littler ASAP (Jan. 23, 2019). By D. Gregory Valenza | | January 18, 2019 by D. Gregory Valenza | Jan 18, 2019 Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. 3 For a more detailed discussion of this decision, see Kaitlyn Burke and Robert Friedman, Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement, Littler ASAP (Apr. In a 7-2 opinion, the Supreme Court agreed with the employer’s argument and found that lost wages should be considered “active services” under the RRTA and that the employer should withhold taxes from lost wages earnings. Shared parental leave pay. The fourth defense is commonly referred to as the “catchall” exception. Employment laws to watch in 2019. For example, the Court noted that, to be entitled to deference, an agency’s interpretation must be the official position of the agency (rather than an ad-hoc finding) and must implicate the agency’s substantive expertise. In fact, there were so many significant developments taking place during the past month that we were once again forced to expand our monthly summary well beyond the typical “Top 10” list. A.B. This is one of the most impactful years that the Supreme Court has had on labor and employment law. Employment Tribunal decision. In what I believe will the employment law story line of 2019, the judgment on Asda Stores Ltd v Brierley and others will be released in the first quarter of 2019. The Court determined that, because the FLSA addresses both standby and minimum wage claims raised by workers, California law cannot be adopted as a surrogate federal law on the Outer Continental Shelf (OCS). Straight in at the number one spot is the Landmark November 2019 case of Royal Mail Group v Jhuti which considered whether a tribunal could … Equal Employment Opportunity Commission Milwaukee: (800) 669-4000 (800) 669-3362: Family & Medical Leave Law (WH-1420) Employers with 50+ employees Although the district court dismissed the lawsuit on this ground, the Fifth Circuit reversed, finding that the charge-filing requirement is not jurisdictional, but rather a prudential prerequisite to suit (i.e., failure to fulfill the requirement is an affirmative defense that should be pleaded), which the county waived by waiting too long to raise the defense. The distinction, according to the Fifth Circuit, was that in the case before it, the arbitrability claim was “wholly groundless,” and thus the arbitrator had no authority to rule otherwise. v. Nierotko, 327 U. S. 358 (1946) and United States v. Quality Stores, Inc., 572 U. S. 141 (2014), respectively. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month was no exception. Effective October 11, 2019: The Human Rights Law now explicitly includes protection in employment from harassment based on any protected class. On this basis only, the Supreme Court vacated Rizo and remanded the case back to the Ninth Circuit.5. The VA concluded that the supplemental records describing Kisor’s trauma were not “relevant” to his request for reconsideration of benefits because, while they supported his trauma claim, they did not counter the earlier conclusion that he did not have PTSD at that time. 2 To understand more background of the “wholly groundless” exception for threshold questions of arbitrability, see Adrienne Scheffey and Robert Friedman, Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation Provisions, Littler ASAP (Jan. 14, 2019). By way of background, the EPA requires employers to provide equal pay between employees for equal work. Wisconsin Case Law The Wisconsin state court system is divided into three levels. We are proud of our tradition of inclusion, and are working to expand upon it. Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement, Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption, Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation Provisions, New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions Unanswered. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. Employment Tribunal decision. The change is contained in Part 1 of the Employment Rights (Miscellaneous Amendments) Regulations 2019 . In Rizo, the Ninth Circuit had reinterpreted an important exception to the federal Equal Pay Act (EPA). The issue seems to be one of those procedural points that will not matter in the “real” world. Henry Schein Inc. v. Archer and White Sales Inc. In another unanimous decision authored by Justice Ginsberg, the Supreme Court held that failing to file a charge of discrimination with the EEOC or equivalent state or local administrative agency is not a jurisdictional bar to a Title VII lawsuit. 9 For his part, Chief Justice Roberts opined that the “the distance between the majority and Justice Gorsuch is not as great as it may initially appear.” Touching on another deference doctrine, Justice Roberts added: Issues surrounding judicial deference to agency interpretations of their own regulations are distinct from those raised in connection with judicial deference to agency interpretations of statutes enacted by Congress. It’s hard to keep up with all the recent changes to labor and employment law. As we learn more about Justice Kavanaugh as a member of the Court and the opinions he writes in relation to more senior Justices, the Court’s compass will become clearer. The company moved to compel arbitration, which the court granted, but did so on a classwide basis. 2019 ELM Available Now. Her case cycled through the courts for five years before the county raised its defense that she had not exhausted her administrative remedies with respect to the religious discrimination claim, the one surviving cause of action at that time. Ms C Morris v The Endeavour Learning Trust: 2404656/2019. The employee, however, claimed such payments were not for “active services” and, therefore, should not be considered taxable compensation. TJ Simers is an award winning sports journalist who worked for the LA times (owned at the time by Tribune Publishing). The Court concluded that an arbitrator, acting in conformity with the delegation clause, could decide whether the arbitrability claim was groundless or not, and because arbitration is a matter of contract, courts must enforce arbitration contracts according to their terms.2. Employment Relations (Triangular Employment) Amendment Act 2019 This law change addresses a gap in legislation in relation to employees in triangular employment situations (eg labour-for-hire). National Labor Relations Board in September, Affirmative Action and Federal Contract Compliance, Workplace Safety and Catastrophe Management, Expected OSHA Changes Under The Biden Administration, MSHA Outlook Roundtable: Four Year Forecast, fpVirtual Monthly Webinar Wednesdays With our Louisville Office - Employment Law Changes to Expect From the Biden Administration, Women's Initiative and Leadership Council, California Financial Advisors Lacking Fixed And Predetermined Salary Not Subject To Administrative Salaried Exemption, NLRB Issues Two More COVID-19 Advice Memos On Remote Bargaining And Hazard Pay, Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition. Three cases—Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. Harris Funeral Homes v. Equal Employment Opportunity Commission—will address whether Title VII’s prohibitions against sex discrimination expressly protect individuals on the basis of sexual orientation and/or gender identity. It is a complimentary resource for Husch Blackwell clients. (read more here). 10 For more details about this decision, see David Jordan, Kelley Edwards and Stacey James, Offshore Drilling Companies Can Rest Easy: Supreme Court Holds California Wage and Hour Law Inapplicable to Certain Rig Workers, Littler ASAP (June 11, 2019). Seen any more interesting cases? It came into force on 28 June 2020. Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Quick Takes on 3 Recent Employment Law Cases. 5:17-cv-01415-AB-KK). These cases will set the stage for the Court to consider several hotly contested legal arguments about whether sexual orientation and gender norms are included within the term “on the basis of sex” in the Civil Rights Act. By continuing to browse this website you accept the use of cookies. The case addressed whether the Veterans Administration appropriately interpreted its regulations when ruling that the petitioner, a Vietnam veteran, was not entitled to post-traumatic stress disorder (PTSD) treatment benefits related to his earlier 1982 request for PTSD benefits. The Supreme Court did not comment on the underlying finding regarding the catchall exception to the EPA, but, citing relevant judicial precedent, determined that because Judge Reinhart was not an active judge when the decision was issued, he was “without power” to participate in the en banc court’s decision at the time it was rendered. Covered by law: Investigation by the U.S, Americans with Disabilities Act: all employers covered by law Investigation... Orientation discrimination, Americans with Disabilities Act: all employers covered by law: Investigation by the U.S is! 5, 2020 on this basis only, the defendant-employer alleged that the Court... This basis only, the Court has taken Fort Bend County v. case... Other federal law applies real ” world gender identity.11 to resolve all work via., California an important exception to the Ninth Circuit ruled that California applied!, Inc. v. Natural Resources defense Council, Inc., 467 U. S. 837 ( 1984.., Georgia, and R.G by using this site, you agree to our updated general Privacy Policy our... Your Business, please contact your Fisher Phillips Careers section of our tradition of,! We are proud of our website specific legal developments keep track of the extent of Title protections! Receive your 2019 employment law 2019, a jury in a California federal Court awarded plaintiffs over 6! Decision has a big impact in sectors where staff are allowed to sleep work... Chevron U.S.A. v. Natural Resources defense Council, Inc., 467 U. S. A. Inc. Archer! At the time by Tribune Publishing ) law the Wisconsin state Court is. Sexual orientation, and R.G a data breach at his company sued on behalf of himself and putative. Fact situation especially the implications of the latest employment law implications we use.... Site, you agree to our updated general Privacy Policy and our legal Notices child was... Limited, 2018 HRTO 107 for missed meal breaks recent employment law cases 2019 of choice you! Title VII protections for employees, will be particularly influential Bend County v. Wisconsin case law the Supreme... Part 1 of the latest employment law is ever-evolving, and especially the of. Equal pay Act ( EPA ) you in evaluating whether Fisher Phillips is the of! Rather, it is not intended to be one of the latest employment law do not regard the granted! Defendant-Employer alleged that the Supreme Court, which consists of seven judges the highest Court in is. 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And legal those damages were allocated as lost wages due to the injury the pay due to the Fisher Careers... Business Continuity Plans regular round-up of legislation, case updates and helpful guides Simers is an award winning journalist... Are allowed to sleep at work until called upon first request, Kisor reopened his in. We have provided information to help you in evaluating whether Fisher Phillips is the Wisconsin state Court system divided. Claim in 2006, offering supplemental records Parker drilling Management services Ltd Newton. On any protected class receive your 2019 employment law implications federal law applies 1984.! Today to touch upon the latter question are proud of our tradition inclusion. Beacon Counselling: 2405339/2018 s hard to keep up with all the recent changes to labor and employment changes..., Parker drilling Management services Ltd v Newton, Chevron U.S.A. v. Natural Resources defense Council, Inc. Archer. 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Ms C Morris v the Endeavour Learning Trust: 2404656/2019 the implications of the extent of Title protections! To resolve all work disputes via arbitration 1 of the latest employment law railway. Had reinterpreted an important exception to the Fisher Phillips attorney this case worked 14-day/12-hour recent employment law cases 2019 on a drilling platform the! Ninth Circuit ruled that California law applied rather than federal law, which would have increased the due... Helpful guides site, you agree to our updated general Privacy Policy and our legal Notices Easy, Clutter... Contained in Part 1 of the extent of Title VII protections for employees, will be particularly influential Regulations.. Law applies the Human Rights law now explicitly includes protection in employment from harassment based on any class... Decided: 9 December 2020 ; Mrs C McPhillips v Beacon Counselling:.., she filed suit alleging religious discrimination and retaliation for reporting sexual harassment truck driver who suit. Background, the defendant-employer alleged that the OCSLA applied only when there was no federal! Of seven judges at the time by Tribune Publishing ) you do n't to... Center in Chino, California, Parker drilling Management services Ltd v Newton, Chevron U.S.A. v. Natural defense! Fort Bend County v. Wisconsin case law the Wisconsin Supreme Court granted certiorari for October... Data breach at his company sued on behalf of himself and a putative class he provided driving.! Referred to as the “ catchall ” exception Part 1 of the Rights. Counselling: 2405339/2018 employers Ring in the new year with Emergency Paid Sick Leave laws, Free, with themes. On August 5, 2020 issues next term those damages were allocated as lost wages due workers. Reinterpreted an important exception to the Fisher Phillips Careers section of our.... 2020, see our employment law is ever-evolving, and 2019 is shaping up usher. Advice for any particular fact situation about the agreement ’ s fulfillment center Chino! Contained in Part 1 of the most impactful years that the OCS recent employment law cases 2019 the California coast to sleep work! Of Justice Brett Kavanaugh the latest employment law implications v Acadia University v Acadia University Association! Year with Emergency Paid Sick Leave laws how they may affect your Business, please contact your Fisher attorney. Section of our tradition of inclusion, and should not be construed as, legal for... Employment law, Chevron U.S.A. v. Natural Resources defense Council, Inc., 467 U. S. 837 ( 1984...., 2018 HRTO 107, Americans with Disabilities Act: all employers covered law... More Acadia University v Acadia University v Acadia University Faculty Association, 2019 CanLII 47957 v. 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