One year passed since the U. S. Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements which provide for individualized proceedings are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”). Since Epic, the legality of class waivers has still been a hot-button issue with multiple arbitration cases on the Supreme Court’s docket. Recently, in Lamps Plus v.Read more
On Wednesday, June 26, Toledo City Council approved the Pay Equity Act, an ordinance which will prohibit Toledo employers from requiring job applicants to disclose salary history as a condition of employment. City Council members believe this new law will help prevent pay inequities for woman and people of color in Toledo’s workplaces. In the absence of this information, City Council members believe pay will be based on ability and experience.Read more
On April 10, the Equal Employment Opportunity Commission (EEOC) released Fiscal Year 2019 Enforcement and Litigation Date. Below are the top 10 charges for 2018.
Retaliation: 39,469 (51.6 percent of all charges filed)
Sex: 24,655 (32.3 percent)
Disability: 24,605 (32.2 percent)
Race: 24,600 (32.2 percent)
Age: 16,911 (22.1 percent)
National Origin: 7,106 (9.3 percent)
Color: 3,166 (4.1 percent)
Religion: 2,859 (3.7 percent)
Equal Pay Act: 1,066 (1.4 percent)
Genetic Information: 220 (.
The U.S. Supreme Court ruled in a unanimous decision on June 3, 2019, that federal courts may be able to hear discrimination claims under Title VII of the Civil Rights Act even if workers don’t bring them to the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.
In Fort Bend County V. Davis, Lois Davis filed a charge with the EEOC against her employer, Fort Bend County, for sexual harassment and retaliation.
On February 25, 2019, the United States Supreme Court remanded a case captioned Yovino v. Rizo to the Ninth Circuit Court of Appeals. In Yovino, the Ninth Circuit held that a company’s utilization of a female employee’s prior salary as a factor in paying her less than a male counterpart violated the Equal Pay Act.Read more
The U.S. Department of Labor (DOL) issued its highly anticipated overtime rule, raising the minimum salary threshold required for workers to qualify for the Fair Labor Standard Act’s (FLSA) white-collar exemptions to $35,308 per year. The rule will boost the standard salary level from $455 to $679 per week.
The FLSA requires employers to pay employees overtime pay for hours worked over 40 in a workweek.