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

  • New California Law Bans Mandatory Arbitration for Most Workplace Claims October 16, 2019
    Effective Jan. 1, 2020, California employers can no longer require workers to arbitrate state-law discrimination and labor code claims, under a bill that Gov. Gavin Newsom recently signed. But employment attorneys expect the new mandate to be challenged under a federal law that favors arbitration.
  • How to Negotiate a Higher Salary in India October 16, 2019
    HR experts share tips on how to get the best results when negotiating a higher pay raise in India.
  • Tough Work Conversations Can Send People Running for Cover October 16, 2019
    ​The specter of having a difficult conversation about work with a boss or colleague can cause sleepless nights and feelings of dread. In some cases, people would rather quit their jobs than have "the talk." Here are some tips for conducting difficult conversations.
  • How to Help People with Criminal Histories Break Employment Barriers October 16, 2019
    Employers are searching everywhere for qualified job candidates. Many have found them among people with criminal histories. In 2018, people with criminal convictions comprised almost one-third of the adult, working-age population, and that percentage is growing, according to a survey by the Society for Human Resource Management and the Charles Koch Institute. More
  • Democrats to Reintroduce Federal Predictable Scheduling Law October 16, 2019
    Employers in certain industries would have to provide employees with advance notice of work schedules and shift changes under legislation that Sen. Elizabeth Warren, D-Mass., and Rep. Rosa DeLauro, D-Conn., plan to introduce Oct. 17.