On July 3, 2019, California governor Gavin Newsom signed the Crown Act into law, making California the first state to ban discrimination based on Natural Hair.
Posts by: Editorial Board
SCOTUS to Finally Decide if Sexual Orientation and Gender Identity Are Protected by Title VII
On April 22, 2019, the U.S. Supreme Court granted certiorari in a trio of employment discrimination cases for which the Court’s forthcoming rulings—expected to be published by June 2020—could ultimately settle whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation and gender identity. The three cases that the high court agreed to hear are Bostock v. Clayton Cnty. Bd. of Comm’rs, No. 17-1618 (filed May 25, 2018), Altitude Express, Inc. v. Zarda, No. 17-1623 (filed May 29, 2018), and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, et al., No. 18-107 (filed July 20, 2018). The first two cases involve sexual orientation specifically, while the third case pertains to gender identity. READ MORE
The Challenges Ahead for GIG Economy Platforms in Europe Increase as the Labor Courts’ Scrutiny Intensifies
Further to the reclassification of the service agreement between an independent deliveryman and Deliveroo, ordered by a Spanish lower Court, French jurisdictions recently shifted position, considering that several independent workers should be deemed employees of the platform that they were working for. READ MORE
Back to School! How to Navigate School-Related Leave for Employees
With school back in session, employees may be asking for time off to go to their children’s school activities. Employers should know that several states and the District of Columbia require or encourage employers to provide employees with school-related time off. It is time to make sure employers are compliant with these laws. READ MORE
Let Them Eat Cake: Religious Accommodations, LGBTQ Rights and Other Workplace Implications of SCOTUS’ Masterpiece Cakeshop Decision
In a highly anticipated ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, U.S. Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a same-sex couple because of his religious beliefs. The case highlights the potentially conflicting intersection of religious freedoms and anti-discrimination laws; i.e. the right to hold sincere religious beliefs and the right to be treated equally and without discrimination based on one’s sexual orientation. READ MORE
Auto Dealership Sells Supreme Court on Service Advisor OT Exemption
On Monday, the U.S. Supreme Court ruled that service advisers at car dealerships are exempt from the Fair Labor Standards Act (FLSA). In Encino Motorcars v. Navarro, the majority, Chief Justice John Roberts and Justices Clarence Thomas, Anthony Kennedy, Samuel Alito, and Neil Gorsuch voted to overturn the Ninth Circuit’s ruling on this exemption a second time, deciding that service advisors are “salesm[e]n . . . primarily engaged in . . . servicing automobiles,” and thus are exempt from overtime pay. READ MORE
OFCCP’s New Directive on Predetermination Notices Gives Contractors a Second Chance
Effective February 27, 2018, the Office of Federal Contract Compliance Programs (OFCCP), which is charged with ensuring federal contractors and subcontractors provide equal employment opportunity, issued Directive 2018-01, announcing that predetermination notices (PDNs) will be sent to federal contractors and subcontractors for all audits and compliance reviews where a finding of unlawful employment discrimination is imminent. READ MORE
PAID in Full? Be Careful in Following the DOL’s Lead
The U.S. Department of Labor announced a new nationwide pilot program aimed at allowing employers to self-report and self-remedy potential minimum wage and overtime violations. According to the DOL’s Wage and Hour Division (WHD), the Payroll Audit Independent Determination (PAID) Pilot program will allow employers to resolve Fair Labor Standards Act violations without full investigations and litigation. We summarize the features of the program. READ MORE
Exhaustion Matters – Don’t Try Going It Alone Under PAGA
A recent decision by the California Court of Appeal provides two important reminders for practitioners handling Private Attorneys General Act (“PAGA”) claims. First, exhausting administrative proceedings matters. Second, PAGA claims are representative claims – not individual actions.
Under PAGA, an “aggrieved employee” may file a representative action on behalf of himself or herself and other current and former employees to recover civil penalties for violations of the California Labor Code. READ MORE
U.K. Court Orders Employee To Hand Over Personal Computer
It is increasingly common that there are disputes with employees at the end of employment about whether or not they have taken or retained an employer’s confidential information. Most employers in the UK have a provision relating to the use (and misuse) of confidential information and a requirement to return all company property at the end of employment in the contract of employment. There is also a common law requirement for employees not to use their employer’s genuine confidential information after they have left employment, so even if you missed the boat on the contract, employers in the UK have some protection.