Wyatt Employment Law Report

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By: Noah Lewis, Wyatt Summer Associate In a recent decision, the Supreme Court of the United States unanimously held that the Title VII charge-filing requirement is not a jurisdictional prerequisite, but a procedural prerequisite. In the June 3, 2019 decision, in the case of Fort Bend Cty., Texas v. Davis, 2019 WL 2331306 (2019), the Supreme Court addressed whether Title VII’s charge-filing precondition to suit is a jurisdictional requirement that can be raised at any…
By Michelle Wyrick With few exceptions, employers with 100 or more employees and certain government contractors are required to submit a workplace profile, broken down by race, sex, ethnicity, and job category, to the Equal Employment Opportunity Commission (“EEOC”) by May 31, 2019. This year, covered employers must also comply with a second deadline.  By September 30, 2019, EEO-1 filers must report W-2 wages and hours worked within 12 specific pay bands by race, gender…
By Glen Krebs We have heard a lot recently about the H-1B CAP.  The U.S. Citizenship and Immigration Services (“USCIS”) just completed its lottery to select which H-1B visa applications it will review.  They will soon start to return the applications and fees for those cases that were not selected in the lottery.  Next year, the process will be different and less costly to employers.  Watch for the new instructions to come out later in…
By Sharon Gold The Kentucky Pregnant Workers Act (“the Act”), adopted in April, amends  the Kentucky Civil Rights Act (“KCRA”), and expands protections for pregnant workers in Kentucky.  The Act applies to  employers who have 15 or more employees within the state in each of twenty or more calendar weeks in the current or preceding calendar year and any agent of the employer.  It requires employers to provide reasonable accommodations, including but not limited to…
By Thomas Travis On April 29, 2019, the Department of Labor issued an opinion letter pertaining to individuals providing services in the “unidentified virtual marketplace,” and placed a thumb on the scale in favor of their status as independent contractors, rather than employees. The “unidentified virtual marketplace,” also known as the “gig economy,” is commonly understood to be online or smartphone-based referral sources that connects providers directly to consumers for a vast array of services.…
By Jordan White On April 22, 2019, the Supreme Court granted certiorari and consolidated three cases involving whether Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), prohibits employment discrimination based on an individual’s sexual orientation and transgender status. The three cases are: Zarda v. Altitude Express, Inc., 883 F.3d 100 (2d Cir. 2018) (en banc); Bostock v. Clayton County Board of Commissioners, 723 F. App’x 964 (11th Cir. 2018); and…
By Mitzi Wyrick In a ruling that will undoubtedly affect how employers choose to proceed with respect to unemployment claims, the Kentucky Court of Appeals held that employers must have counsel to represent them in referee hearings and before the Kentucky Unemployment Insurance Commission.  In Nichols v. Kentucky Unemployment Insurance Commission, et al., the Kentucky Court of Appeals reviewed a decision in which the claimant was denied unemployment benefits after his employment was terminated.  The…
By Michelle Wyrick On March 25, 2019, Governor Bevin signed legislation providing that an employer may require an employee to sign an arbitration agreement as a condition of employment. The legislation, which amends KRS 336.700, is designed to reverse the Kentucky Supreme Court’s decision in Northern Ky. Area Development Dist. v. Snyder,  2017-SC-000277-DG (Ky. 2018), which held that employers may not condition employment upon execution of an arbitration agreement. In Snyder, the Kentucky Supreme Court…
By Marianna Michael On Thursday, March 28, 2019, the U.S. Department of Labor (“DOL”) announced proposed changes to the overtime provisions of section 7(e) of the Fair Labor Standards Act.  In its current form, the statute generally requires employers to pay overtime if workers work more than 40 hours a week.  One exemption to the overtime rule includes the salary basis exemption, where employees generally must be paid at least $455 per week on a…
By Sharon Gold The Office of the Federal Register officially published the Notice of Proposed Rulemaking (“NPRM”) raising the salary minimum for exempt workers that we discussed last week.  The NPRM proposes to raise the minimum salary for exempt workers to $35,308 per year ($679 per week), from the current minimum of $23,660 per year ($455 per week).  The NPRM also raises the highly compensated minimum to $147,414 per year, up from the current…