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

  • Viewpoint: How to Be a Better Ally to Your Black Colleagues July 12, 2020
    In this article, professor Stephanie Creary brings together more than a decade's worth of insights on diversity, equity and inclusion (DEI) initiatives, Black employees' experiences and a framework she developed to propose how company leaders—particularly people managers—who are well-positioned to support Black employees might all leap to become better allies in DEI work.
  • How to Confront Intellectual Property Theft by Employees July 12, 2020
    The United States and China signed a historic trade agreement in January 2020, which included provisions on respecting intellectual property rights and enforcement against misappropriation of trade secrets and confidential business information. But many experts are skeptical about the agreement will be honored. The FBI has more than 1,000 intellectual property theft cases open involving […]
  • Stressful but ‘Amazing Time’ to Be an HR Professional July 10, 2020
    ​For many HR professionals at small businesses, the past few months have been like trudging through a hurricane with a leaky umbrella. Out of that madness, many HR professionals have emerged as essential members of the executive team, working on the top questions of the day.
  • Final Rule Makes It Easier for Federal Workers to Stop Paying Union Dues July 10, 2020
    Federal workers can revoke their union membership and stop paying dues any time after the first year under a Federal Labor Relations Authority final rule.
  • Ask HR: Can Companies Require Masks? July 10, 2020
    Employers may absolutely require workers to wear masks. The Equal Employment Opportunity Commission states employers can require employees to wear masks or other protective clothing, such as gloves and gowns, during a pandemic.