HR Law

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April 22, 2019 Update

SHRM Legislative Update Jackson Lewis PC- 2019 - April 16 2019


March 1, 2019 Update

Full information here: SHRM Legislative Update March 1, 2019

·         Salary Threshold – Multiple sources indicate the Department of Labor will raise the salary threshold for workers automatically entitled to overtime to $35,000 a year. The new rule would significantly expand the number of workers eligible for overtime pay. Sources also indicate the DOL plans to announce that it is considering ways to periodically increase the salary threshold based on inflation and other factors. It is anticipated the proposed rule will lay out ideas for periodic updates, but will not propose a specific one. Regulators would like to see the rule finalized before the 2020 election so it will be harder to undo if a Democratic wins the White House. The rule will likely face court battles from both Democrats who support the Obama era proposed salary threshold ($47,000) and small business employers who believe the proposed number is too high. We will keep you updated on developments.

·         Pay Bias Legislation – The House Labor Committee on February 26th approved legislation designed to close the gender pay gap, clearing a path for a full chamber vote. The Committee on Education and Labor voted in favor of the Pay Check Fairness Act (H.R.7,S.270) along party lines. This bill would require employers to prove that gender based pay disparities are based on bona fide related factors such as education, training or experience that is consistent with business necessity. The burden would be placed on the employer to prove satisfaction of this standard and many Republicans fear that the bill could significantly restrict employers and potentially increase employment related litigation regarding questions of pay validity. If passed by the House, the bill would face strong opposition in the GOP controlled Senate.

·         Discrimination/Retaliation Standard – The “Protecting Older Workers Against Discrimination Act” was reintroduced into Congress earlier this month. This legislation would require a uniform standard for all federal discrimination and retaliation claims (including age discrimination) using a “motivating factor” threshold and not a “but for” standard in ultimately determining whether discrimination or retaliation occurred. Previously versions of this legislation have failed to gain traction throughout the year and have not been passed.

·         Arbitration - On February 28th, Democratic lawmakers unveiled the Forced Arbitration and Justice Repeal Act which would bar mandatory arbitration agreements not only in employment disputes, but also for consumer anti-trust and civil rights claims. Additionally, it would block agreements that stop individual workers and businesses from joining or filing class actions. It is estimated by some studies that over 60,000,000 employees in the non-union private sector were covered by mandatory arbitration agreements in 2017.

RSS US news

  • What Does the Kronos and Ultimate Software Merger Mean for HR? February 21, 2020
    Users of Kronos and Ultimate Software—two of the largest HR technology vendors—may want to get in touch with their account representatives. The two companies have announced a merger, creating the largest pure HR tech company by market share, which could bring changes and new possibilities for customers.
  • As Coronavirus Spreads, Prepare Infectious-Disease Plans February 21, 2020
    While cases of the coronavirus have appeared primarily in mainland China, the number of reported cases in other countries continues to rise. Employers in the U.S. should dust off their infectious-disease management plans or, if they don’t have them, draft such plans.
  • Western Europe: The Law on Hidden Video Surveillance of Workers February 21, 2020
    The European Court of Human Rights (ECHR) issued a key judgment refining the rules on video surveillance in the workplace and hidden monitoring of employees.
  • HR and IT Should Team Up to Fight Cyberattacks February 21, 2020
    As cyberattacks proliferate, HR and information technology (IT) professionals need to work together to ensure that employees don’t fall prey to phishing, spear phishing and ransomware attacks.
  • Fired Worker in Massachusetts Gets Triple Jury Award for Unpaid Commissions February 21, 2020
    A salesperson who was fired after she complained about not receiving the full commission for a contract she negotiated is entitled to triple damages under the Massachusetts Wage Act, according to the state's highest court.