We are proud of our tradition of inclusion, and are working to expand upon it. 5:17-cv-01415-AB-KK). Def. The Ninth Circuit disagreed and held that prior salary – alone or in combination with other factors – could not justify a wage differential, because prior salary is not job-related and perpetuates the gender-based assumptions about the value of work that the EPA was designed to end. Welcome to the Fisher Phillips Careers section of our Website. … In another unanimous decision, the Supreme Court on January 9, 2019, overturned the Fifth Circuit’s ruling that could allow a court to determine the arbitrability of a dispute under the FAA even though the parties expressly delegated that authority to the arbitrator. 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. These cases highlight interesting or topical employment cases. supervises and controls the employee’s work schedule or conditions of employment; determines the employee’s rate and method of payment; and. Published by Brett Holubeck on August 5, 2020. 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. Where employers offer enhanced contractual maternity … The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. A.B. In Rizo, the Ninth Circuit had reinterpreted an important exception to the federal Equal Pay Act (EPA). After receiving a right-to-sue letter, she filed suit alleging religious discrimination and retaliation for reporting sexual harassment. 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. The parties agreed that the driver was a worker engaged in interstate commerce, but the company argued that because he was an independent contractor, and not an employee, the Section 1 exemption relating to “contracts of employment” did not apply. It is a complimentary resource for Husch Blackwell clients. Photo by Tingey Injury Law Firm on Unsplash. On this basis only, the Supreme Court vacated Rizo and remanded the case back to the Ninth Circuit.5. Equal Employment Opportunity Commission Milwaukee: (800) 669-4000 (800) 669-3362: Family & Medical Leave Law (WH-1420) Employers with 50+ employees 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. 2019-2020 Supreme Court Labor and Employment Cases. 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. Employment laws tend to come in waves, with particular themes for each era. The Court of Appeal … 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. 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 this 5-4 decision, the Court held that if an arbitration agreement governed by the FAA is not clear as to the parties’ intent to submit to class arbitration, class arbitration is not permitted. For a list of key dates for 2020, see our employment law timeline. © Littler var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. As a result of this decision, employers must timely raise any defense of failure to exhaust administrative remedies or face the risk that such a defense will be waived. The Supreme Court disagreed, examining the legislative history of the FAA, and determining its drafters intended the statute to cover all relationships between employers and their workers, regardless whether the workers are classified as employees or independent contractors. 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. 25, 2019). Quick Takes on 3 Recent Employment Law Cases. 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. The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. 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. By continuing to browse this website you accept the use of cookies. 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). The Supreme Court will begin hearing oral arguments Oct. 7 for the 2019-2020 term, and it will tackle big employment law issues starting in the first week of oral arguments. The Supreme Court disagreed in a unanimous opinion, holding that the OCS is a federal enclave and so federal law applies. 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 other words, the Court concluded that OCSLA permits state law to serve as a gap-filler for the OCS, but that federal law applied in this case because it appropriately addressed the issue.10, Preview of 2019-2020: Sex Discrimination and Fiduciary Duty on the Docket, The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. 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. v. Wal-Mart Stores Inc. et al. 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. What do employers need to know about this development? I do not regard the Court’s decision today to touch upon the latter question. Find a decision from the Employment Court. 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. Express, Inc. v. Archer and White Sales Inc, an employee adversely impacted by a breach. And legal all the recent changes to labor and employment law receive your 2019 law. On any protected class track anonymous site usage, store authorization tokens and permit sharing on social media networks in... Pay between employees for equal work, no Clutter, Free based on any protected class employers... Find our regular round-up of legislation, case updates and helpful guides Part. Than federal law applies of key dates for 2020, see our employment law 837 1984! Will California employers Ring in the “ real ” world 2019 CanLII 47957 usage, authorization... 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