HR Law

The information provided on this website is for informational and educational use only.  It is not prepared or presented as legal advice or to recommend a specific course of conduct.  The content, information and updates provided on this website may change frequently and readers are encouraged to review and analyze the material independently.   

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

  • New DOL Rule Would Create Nongovernment-Run Apprenticeships June 24, 2019
    ​A proposed rule from the U.S. Department of Labor's Task Force on Apprenticeship Expansion on Monday calls for a process to establish industry-recognized apprenticeship programs.
  • External Workers Are Valuable but Worrisome, HR Says June 24, 2019
    Nearly all HR professionals surveyed by the Society for Human Resource Management (SHRM) agreed that external, independent workers—whether contract, freelance or gig-based—add value to their organizations, but most still have concerns about the legal implications of hiring and managing these workers.
  • Rethink Rewards for a Globalized Gig Economy June 24, 2019
    Technology and globalization have increased the amount of project-based work that organizations may outsource to gig workers, which can present challenges for rewarding and motivating permanent employees.
  • Alabama Governor Signs Pay Equity Legislation June 24, 2019
    Alabama’s governor recently signed a pay equity bill, making Alabama the 49th state to pass such legislation. Here’s how the new law will affect employers in the state.
  • New York Lawmakers Pass Game-Changing Reforms to State Bias Laws June 24, 2019
    On the last day of the legislative session, New York lawmakers passed sweeping reforms meant to overhaul the state’s antidiscrimination laws. Once enacted, the amendments will impact every workplace in New York.