This is one of the most impactful years that the Supreme Court has had on labor and employment law. 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. Click here to read more about how we use cookies. 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. The Supreme Court disagreed in a unanimous opinion, holding that the OCS is a federal enclave and so federal law applies. 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. Employer does not … 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). The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. This Legal Alert provides an overview of specific legal developments. After being denied benefits on his first request, Kisor reopened his claim in 2006, offering supplemental records. Employment laws to watch in 2019. 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. Employment law is constantly on the move. The respondent had sued the railway under the Federal Employers’ Liability Act and was awarded damages. 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. 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. Quick Takes on 3 Recent Employment Law Cases. Henry Schein Inc. v. Archer and White Sales Inc. Equal Employment Opportunity Commission Milwaukee: (800) 669-4000 (800) 669-3362: Family & Medical Leave Law (WH-1420) Employers with 50+ employees Further, the Court reasoned that the OCSLA applied only when there was no other federal law on point. Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Ms C Morris v The Endeavour Learning Trust: 2404656/2019. (Case No. 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. et al. The Court has taken Fort Bend County v. 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. 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. Welcome to the Fisher Phillips Careers section of our Website. The respondent in this case worked 14-day/12-hour shifts on a drilling platform on the OCS off the California coast. 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. [2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd [PDF, 173 KB][2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd (Interlocutory Judgment of Judge J C Holden, 15 December 2020) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – no evidence that employee will be unable to pay costs if challenge does … See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). Below you'll find our regular round-up of legislation, case updates and helpful guides. The Supreme Court decided three employment arbitration-related cases, addressed whether small local government offices fall under the Age Discrimination in Employment Act (ADEA) and determined whether the filing of an administrative charge with the Equal Employment Opportunity Commission (EEOC) is a jurisdictional prerequisite to filing suit. 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. 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. 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. Hamilton et al. By using this site, you agree to our updated General Privacy Policy and our Legal Notices. By way of background, the EPA requires employers to provide equal pay between employees for equal work. 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. 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. The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. 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. These cases highlight interesting or topical employment cases. 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 agreement delegated to the arbitrator questions about the agreement’s enforceability. 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 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. The Court also will hear Retirement Plans Committee of IBM v. Jander, which will address the proper pleading standard required to allege breach of fiduciary duty regarding plan fund management under the Employment Retirement Income Security Act (ERISA). 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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. 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. 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 case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. 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 Court took on a number of important and controversial issues including gender identity and sexual orientation discrimination, the DACA … v. Joe Singer Shoes Limited, 2018 HRTO 107. Employment law is ever-evolving, and 2019 is shaping up to usher in its fair share of changes. 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 … 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. 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 drilling company complied with federal laws on standby time, but allegedly did not comply with California’s minimum wage and standby laws. For a list of key dates for 2020, see our employment law timeline. Employment Tribunal decision. 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. 5, 2019). 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’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. We have provided information to help you in evaluating whether Fisher Phillips is the employer of choice for you. 2019-2020 Supreme Court Labor and Employment Cases. 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. 22, 2019). v. american humanist assn. Shared parental leave pay. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. After receiving a right-to-sue letter, she filed suit alleging religious discrimination and retaliation for reporting sexual harassment. The first two address sexual orientation, and the third gender identity.11. 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. The next term, and especially the implications of the extent of Title VII protections for employees, will be particularly influential. Three cases—Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. Seen any more interesting cases? 6 See Social Security Bd. 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. We keep track of the latest employment law changes so you don't have to. In Rizo, the defendant-employer alleged that the EPA’s catchall defense included consideration of an employee’s prior salary. 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. READ MORE ... Employment New Zealand. On this basis only, the Supreme Court vacated Rizo and remanded the case back to the Ninth Circuit.5. 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