Training The Court concluded that an arbitrator, acting in conformity with the delegation clause, could decide whether the arbitrability claim was groundless or not, and because arbitration is a matter of contract, courts must enforce arbitration contracts according to their terms.2. Wellbeing Goonewardene v. ADP, LLC , … Change Management Talent Management I do not regard the Court’s decision today to touch upon the latter question. Build a Morning News Brief: Easy, No Clutter, Free! … The U.S. The Court took on a number of important and controversial issues including gender identity and sexual orientation discrimination, the DACA program, the standard that must be met for proving age discrimination under the Age Discrimination in Employment … 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. As we learn more about Justice Kavanaugh as a member of the Court and the opinions he writes in relation to more senior Justices, the Court’s compass will become clearer. HR (General) Photo credit / pe-art ISTOCKPHOTO.COM Interested in writing for us? The Court of Appeal held that national minimum wage legislation requires employers to pay the minimum wage to sleep-in workers only when they are awake and “available” to work. Occupational Health 5 See Tara Presnell and Alexandra Hemenway, U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case, Littler ASAP (Feb. 29, 2019). However, she appeared to be prevented from doing so as a result of a restrictive covenant that contained a six-month non-compete clause. With those principles in mind, and emphasizing the importance of stare decisis, the Court retained the Auer deference and attempted to clarify its scope. The Supreme Court upheld Auer deference. Three cases— Altitude Express, Inc. v. Zarda, Bostock v. Clayton County… This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. The respondent in this case initially alleged sexual harassment and retaliation against her employer, but then attempted to supplement her charge by handwriting “religion” on the EEOC intake questionnaire, without amending the formal charge itself. The Court of Appeal held that a claimant cannot normally succeed in a whistleblowing unfair dismissal claim where the decision-maker was unaware of the protected disclosure at the time of the decision to dismiss, even if the decision-maker has been manipulated by someone else. In Lamps Plus, the Court on April 24, 2019 held that class arbitration is permissible only if the arbitration agreement expressly provides for such resolution. 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. Employment law Employment Relations (Triangular Employment) Amendment Act 2019 Employment Relations Amendment Act 2018 Legislation ... A summary of interesting or topical employment cases. It offered criteria for courts to consider when making these determinations. By way of background, the EPA requires employers to provide equal pay between employees for equal work. The Court of Appeal is scheduled to hear Kostal on 22 or 23 May 2019. As always, HR professionals have had their fair share of employment law cases to keep track of in 2019. The cases are important because a finding that gig economy staff are “workers” means that they are entitled to basic employment rights, such as the national minimum wage and paid annual leave. & G.R. December 04, 2020 Employment Group Of The Year: Gibson Dunn. The Court of Appeal interpreted the phrase “concerned or interested in” as being too wide to be enforceable, since it could even prevent a person from holding shares in a company. © Littler var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. On January 15, 2019, the Supreme Court ruled 8-0 that Section 1 of the Federal Arbitration Act (FAA) excludes from FAA coverage interstate truck drivers, even if they are independent contractors. 22, 2019). The case is Ward v. Tilly’s, Inc. from the … Notably, while all justices concurred in the judgment, several of the more conservative jurists (led by Justice Gorsuch) criticized the Court’s refusal to abandon Auer.9, Parker Drilling Management Services, Ltd. v. Newton. Advertising specifications HR Shared Services Can the nefarious motives of a line manager who manipulates an innocent decision-maker into dismissing an employee be taken into account in a whistleblowing unfair dismissal case? Doe v. Dept. After being denied benefits on his first request, Kisor reopened his claim in 2006, offering supplemental records. 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. The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. of Corrections & … At issue in BNSF Railway Co. v. Loos was whether a railway employer’s payments for an employee’s lost wages after an on-the-job injury should be taxable compensation under the Railway Retirement Tax Act. Employee Benefits Awards A manager at … The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. 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. Share this page Email Employer does not … Payroll Inna Koldorf is a partner in Miller Thomson LLP’s labour and employment law group, where she advises employers on labour, employment and human rights issues. The next term, and especially the implications of the extent of Title VII protections for employees, will be particularly influential. However, Ali explores whether or not it is sex discrimination for employers to enhance pay during maternity leave, but not during shared parental leave. The Supreme Court affirmed.4. The U.S. Court of Appeals for the Federal Circuit also affirmed, relying on the deference afforded to the agency’s right to interpret its own regulations, known as Auer deference.8. Recruitment & Resourcing v. Joe Singer Shoes Limited, 2018 HRTO 107. Decided: 21 November 2020 Ms K Houson v Care Quality Commission: 2503462/2019. 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. New Prime involved a truck driver who brought suit alleging wage and hour violations against a company for which he provided driving services. Click here to read more about how we use cookies. The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. In this case, the employer sent letters to employees asking them to agree a pay deal that had been rejected by their trade union. 4 For a more detailed discussion of this decision, see Steve McCown and Andrew Gray, Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional, Littler ASAP (June 4, 2019). 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. Workforce Planning, • About Personnel Today The first two address sexual orientation, and the third gender identity.11. Part two: Key employment law cases in 2019. In Parker Drilling Management Services, Ltd. v. Newton, the Court held that the Fair Labor Standards Act, and not state law, applies to drilling platforms located in open waters governed by the Outer Continental Shelf Lands Act (OCSLA). Employment Law Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. From 6 April 2019, … To provide straightforward, direct and practical guidance, Ganado Advocates together with Twenty-one Law and BCGL Advocates will organise the 12th Employment Case Law Annual Conference on 26 November 2020. 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. © 2011 - 2020 DVV Media International Limited. 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). The comprehensive enforcement and litigation statistics for FY 2019, which ended Sept. 30, 2019, are posted on the agency's website, which also includes detailed breakdown of charges by state. The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. Belanger et al v Tsetsaut Ventures Ltd. 2019 BCSC 560 April 17, 2019 Our client was an employer that was sued in civil court for unpaid wages, overtime, vacation pay, and severance and for allegedly threatening employees not to take action to make claims for these amounts. The decision has a big impact in sectors where staff are allowed to sleep at work until called upon. 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. HR Systems HR Consultant Email Newsletters While the 2018-2019 Supreme Court term moved several employment law issues forward and clarified a few points of debate, the Court denied review of many of the more contentious cases. RSS feeds v. Reese, et al. The clause was set aside in its entirety, meaning that the ex-employee was free to work for the US firm. Now more than ever, companies need to understand employment laws to manage their business operations and identify potential problems. 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. Compensation & Benefits 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. 10 For more details about this decision, see David Jordan, Kelley Edwards and Stacey James, Offshore Drilling Companies Can Rest Easy: Supreme Court Holds California Wage and Hour Law Inapplicable to Certain Rig Workers, Littler ASAP (June 11, 2019). Ohio Gov. Is a direct pay offer to employees over the head of the union unlawful? 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). A senior member of staff within executive recruitment and management consulting group Egon Zehnder wished to take up employment with a US firm. With respect to the arbitrability question, the Court held that a court, not an arbitrator, must determine whether FAA Section 1’s exclusion applies before mandating arbitration.1. We outline six of the most significant cases in the pipeline – from national minimum wage for sleep-in workers to employment status in the gig economy. In 2019, the Court of Appeal will hear an important case exploring the legislation’s scope. In addition, the Court determined what is considered taxable compensation under the Railway Retirement Tax Act (RRTA), when federal law controls on off-shore drilling rigs, and when agencies can interpret their own ambiguous rules and regulations. Further, the Court reasoned that the OCSLA applied only when there was no other federal law on point. Which employment law decisions will shape 2019? With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. v. Nierotko, 327 U. S. 358 (1946) and United States v. Quality Stores, Inc., 572 U. S. 141 (2014), respectively. This case is a very important one for employers faced with a situation where collective bargaining has broken down with a union and they wish to approach employees directly. Important Cases We’ve organized important employment cases to help workers know their rights. The Court of Appeal ruling also means that the Government has had to suspend its social care compliance scheme, which was set up to allow care-sector employers to volunteer back payments to sleep-in staff who were previously denied the national minimum wage. The Supreme Court reversed, finding that the FAA preempts state contract laws that interfere with arbitration, that the FAA encourages individualized arbitrations, and that only if the parties agreed specifically to class arbitration would such be permitted; an agreement silent or ambiguous on the class issue would not be enough to require a class arbitration.3. Sheila was a server at an Italian restaurant. The agreement delegated to the arbitrator questions about the agreement’s enforceability. potential appeals from Addison Lee to the Court of Appeal against the EAT decisions classifying its couriers and drivers as workers, and not self-employed. Privacy policy Employee Benefits Live, • Occupational Health & Wellbeing Employer does not … Long ago, child labor was common and legal. Susan Coulson v RentPlus UK Ltd: 1402375/2019. On February 4, 2019, a California Court of Appeal ruled that employees calling their employer to determine if they must come into work is considered reporting to work, and reporting time pay is owed to the employee if they are not required to work that day. The Court cited the 1972 amendments to Title VII and 1974 amendments to the Fair Labor Standards Act (FLSA) as support for its conclusion that state government offices, regardless of size, were intended to be considered “employers” under the ADEA as well. The EPA delineates four defenses to this general rule. She subsequently found herself being put under pressure by her line manager to withdraw her allegations, which she did. The Supreme Court disagreed in a unanimous opinion, holding that the OCS is a federal enclave and so federal law applies. Only the Ninth Circuit had held that small local government offices were bound by the ADEA, whereas the Sixth, Seventh, Eighth, and Tenth Circuits had all held that state government offices of less than 20 employees did not qualify as employers for purposes of ADEA coverage. She was later dismissed by the head of operations after the line manager gave evidence in dismissal proceedings that she had not followed up his training recommendations to improve her performance. 4 Key Employment Law Issues on the Supreme Court Docket By Lisa Nagele-Piazza, J.D., SHRM-SCP October 4, 2019 The Supreme Court will begin hearing oral arguments Oct. 7 for the 2019-2020 … The similar case Hextall v Chief Constable of Leicestershire Police is also being appealed to the Court of Appeal in 2019. The Court reiterated that deference cannot come into play unless the agency regulation is truly ambiguous and the agency’s interpretation is reasonable. SB 973, a new California law passed in September 2020, created a new obligation for California employers to annually submit pay data report to the Department of Fair Employment and Housing (DFEH). Known as the “Good Samaritan Expansion Bill,” the law protects employers, both private and public, from civil action lawsuits for damages stemming from COVID-19 exposure, except in reckless or wanton exposure cases. Employment Tribunal decision. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. In another unanimous decision authored by Justice Ginsberg, the Supreme Court held that failing to file a charge of discrimination with the EEOC or equivalent state or local administrative agency is not a jurisdictional bar to a Title VII lawsuit. Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home. The High Court heard IWGB on 14 and 15 November 2018 and its decision was reserved. 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. Council. Employee Relations Terms and conditions, • Employee Benefits A.B. 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. 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. Unison has lodged an appeal to the Supreme Court, where the union will argue that care workers who sleep on-site and can be called upon at any time should be paid at least the minimum wage. 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. Diversity & Inclusion In Rizo, the defendant-employer alleged that the EPA’s catchall defense included consideration of an employee’s prior salary. The cases below highlight workers' rights related to sex and gender discrimination, race discrimination, age discrimination, and unfair labor practices. 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. Findlaw 's searchable database … is a non-jurisdictional, mandatory claim-processing rule is! Her line manager to withdraw her allegations, which she did important cases we ’ ve important. 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