Carmody @ Work

Updates for Employers on Important Workplace Issues

Democratic leaders are at it again, pushing a bill that would topple the United States Supreme Court 2018 decision in Epic Systems v. Lewis. In effect, the proposed bill would bar employers from requiring class action waivers and mandatory arbitration, thus allow workers to bring employment claims as a group as well as bring claims to court. The Restoring Justice for Workers Act was introduced in the House of Representatives by Rep. Jerrold Nadler, D-New…
On May 3, 2019, the Equal Employment Opportunity Commission (“EEOC”) announced that it would collect EEO-1 Component 2 pay data from required EEO-1 filers (“Filers”) for the calendar years 2017 and 2018 by September 30, 2019. This announcement was a result of a federal district court’s decision in a case titled National Women’s Law Center, et al. v. Office of Management and Budget, et al.. By way of background, in September 2016, the EEOC proposed…
The U.S. Supreme Court will hear three cases in the next term to determine whether Title VII of the Civil Rights Act protects employees from workplace discrimination based on sexual orientation, gender identity or sex stereotyping. Federal courts have been divided on whether Title VII protects employees from sex discrimination based on sexual orientation or gender identity.  The Supreme Court will hear two of the cases together in order to resolve a circuit split on…
Employment discrimination charges are at a twelve-year low, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported last week. The EEOC released data for charges of workplace discrimination in fiscal year 2018. However, the number of sexual harassment charges increased, likely due to the #MeToo movement which has focused on publicizing and eradicating sexual harassment in the workplace. The Numbers The EEOC is the first stop for an employee to bring a charge against an employer…
The American Bar Association (“ABA”) published an article written by Alan H. Bowie, Jr. titled Updates from the NLRB and the Office of The General Counsel in its 2019 Section of Labor and Employment Law Winter Newsletter.  His article summarizes updates from the National Labor Relations Board (“NLRB”) and the Office of NLRB General Counsel given at the ABA’s 12th Annual Labor and Employment Law Conference. NLRB updates were given by current Board Members Chairman…
The Federal Department of Labor (“DOL”) recently proposed two new rules addressing joint employer status and overtime pay calculation under the Fair Labor Standards Act (“FLSA”). These proposals are significant because the underlying regulations had not been updated in decades. Joint Employer Status On April 1, 2019, the DOL proposed the new rule for determining joint employer status. The proposed rule would establish a four-factor test that would consider whether the potential joint employer actually…
On March 27, 2019, the U.S. House of Representatives passed the Paycheck Fairness Act addressing the gender pay gap by bolstering the Equal Pay Act. The bill, sponsored by Rep. Rosa DeLauro, D-Conn, would protect employees from pay discrimination and hold employers accountable for pay discrimination on the basis of sex. Among other changes, the Paycheck Fairness Act would prohibit employment policies or practices that bar employees from discussing their salaries, and it would…
On March 14, 2019, the U.S. Department of Labor, Wage and Hour Division (“DOL”) released an opinion letter clarifying the DOL’s position on designating and taking leave under the Family and Medical Leave Act (“FMLA”). Specifically, the DOL stated that employers cannot delay the designation of FMLA-qualifying leave or designate more than 12 weeks of leave (or 26 weeks for military caregivers) as FMLA leave. This opinion is at odds with a 2014 Ninth Circuit
Recently, Democratic federal legislators proposed a bill to bar companies from requiring employees to sign mandatory arbitration agreements and also from preventing employees from bringing class actions. Proposed Bill The proposed bill, the Forced Arbitration Injustice Repeal Act (“FAIR Act”), sponsored by Connecticut Senator Richard Blumenthal and New York Congressman Jerrold Nadler, would ban mandatory arbitration in employment agreements, prohibiting employees from taking their claims to court.  It would also bar agreements that prevent workers…