Employment Law Worldview

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Miriam Lampert

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Employment Law Worldview

Ninth Circuit Confirms That Salary History May Not Be Used to Justify Unequal Pay (US)

By Laura Lawless

February 28, 2020

It seems fairly simple: Do the same work, get the same pay. Despite the simplicity of the concept, courts continue to grapple with what this means in the context of the federal Equal Pay Act, which, since 1963, has prohibited employers from paying men and women different wages for the same or substantially similar work, with four limited exceptions: where the different rate of pay as between male and female employees is based on (1)…

Employment Law Worldview

NLRB Issues Final Joint Employer Rule (US)

By Daniel Pasternak

February 25, 2020

Return to Prior “Substantial Direct and Immediate Control” Test Goes Into Effect April 2020 Back in September 2018, the National Labor Relations Board (NLRB or Board) published a Notice of Proposed Rulemaking that would define, by administrative rule, the standard for determining when two unrelated employers are deemed “joint employers” of a group of employees under the National Labor Relations Act. (See our prior post here.) The Board’s initiation of the rulemaking process came…

Employment Law Worldview

Extension of IR35 to the private sector, Part 16 – HMRC stares gift-horse in mouth, sort of (UK)

By David Whincup

February 21, 2020

The keen follower of IR35, for there must be such a person, will have seen reports in the Press about the blanket approaches to PSC contractors being taken by some businesses of a size and/or reputation that they don’t need to worry too much about the views of those who may wish to work for them. Some have gone for the nuclear option of just not dealing with PSC contractors at all, and some prefer…

Employment Law Worldview

Inability To Perform A Specific Job Is Not A Substantial Impairment On Ability To Work, Says Second Circuit In ADA Case (US)

By Melissa Legault

February 20, 2020

In Woolf v. Strada, decided by the U.S. Court of Appeals for the Second Circuit in February 2020, the court considered whether the plaintiff’s inability to perform his particular job as a result of migraines and stress arising from the circumstances surrounding his job gave rise to a qualifying disability under the Americans with Disabilities Act (“ADA”), as amended.…

Employment Law Worldview

Key Provisions of “Colorado Overtime and Minimum Pay Standards Order (COMPS Order) # 36” (US)

By Matthew Cooper, Cole Wist & Jacob Davis

February 19, 2020

COMPS Order 36 (“Order 36”) is scheduled to go into effect March 16, 2020 and makes major changes to wage regulations affecting Colorado employers. Order 36 applies both to hourly and salaried employees and requires significant compliance adjustments for employers. The key changes of Order 36 are summarized below. Colorado employers should carefully review Order 36 to verify coverage and closely evaluate whether there is any the need to modify their practices along with their…

Employment Law Worldview

Employer Update: DHS Issues New Form I-9 with Mandatory Use by May 1, 2020 (US)

By Samuel Mudrick

February 18, 2020

United States Citizenship and Immigration Services (“USCIS”) recently issued a new version of its Form I-9, Employment Eligibility Verification, which is used to verify the employment authorization and identity for all employees in the United States. Although employers may now begin to use the new version, which has a 10/21/2019 version date on the bottom, they will be required to use it beginning on May 1, 2020. Failure to use the proper Form I-9 version…

Employment Law Worldview

A little knowledge is a dangerous thing – or when ignorance is not bliss (UK)

By David Whincup

February 17, 2020

Here’s a question. Employee Mr U is accused of sexually assaulting A. She goes to the Police about it and simultaneously U’s employer starts an investigation into his conduct. The investigator J concludes that there is a case to answer, based in part on A having gone to the Police. On the back of J’s report, once issued, a disciplinary process is convened and U is summarily dismissed by a separate manager, F. Sounds all…

Employment Law Worldview

UK’s National Minimum Wage enforcement finally heeds user concerns

By James Pike

February 14, 2020

Following the Government’s review into the enforcement of the National Minimum Wage Regulations 2015, it has announced a number of changes which are to be introduced in April of this year. Whilst the headlines focus on the reintroduction of naming and shaming of those who pay below the NMW, other aspects of the changes are in our view of far more significance to employers. Indeed, it would appear this is one of those rare occasions…

Employment Law Worldview

Backdating disability status – sometimes easier than it sounds (UK)

By David Whincup

February 13, 2020

As soon as your employee announces that he is suffering from a mental health condition, there is a temptation on the part of both employer and employee to assume that he is thereby necessarily disabled under the Equality Act and so that with immediate effect he is entitled to all the protections available under it. However, even if you do not dispute the fact of his condition, is he right? In some parts yes, but…

Employment Law Worldview

State Law Round Up: Philadelphia’s Salary History Ban Upheld and More! (US)

By Ariel Cohen & Shennan Harris

February 12, 2020

Philadelphia’s Salary History Ban Upheld On February 6, 2020, the U.S. Court of Appeals for the Third Circuit ruled in favor of the City of Philadelphia, upholding the constitutionality of the City’s Wage Equity Ordinance under the First Amendment. The City may now enforce the Ordinance and prohibit employers from asking applicants about their salary history. As one of the first jurisdictions to enact such a law, Mayor Kenney signed the Ordinance into law on…

Employment Law Worldview

Blog Authors

Ninth Circuit Confirms That Salary History May Not Be Used to Justify Unequal Pay (US)

NLRB Issues Final Joint Employer Rule (US)

Extension of IR35 to the private sector, Part 16 – HMRC stares gift-horse in mouth, sort of (UK)

Inability To Perform A Specific Job Is Not A Substantial Impairment On Ability To Work, Says Second Circuit In ADA Case (US)

Key Provisions of “Colorado Overtime and Minimum Pay Standards Order (COMPS Order) # 36” (US)

Employer Update: DHS Issues New Form I-9 with Mandatory Use by May 1, 2020 (US)

A little knowledge is a dangerous thing – or when ignorance is not bliss (UK)

UK’s National Minimum Wage enforcement finally heeds user concerns

Backdating disability status – sometimes easier than it sounds (UK)

State Law Round Up: Philadelphia’s Salary History Ban Upheld and More! (US)

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