In other words, the Court concluded that OCSLA permits state law to serve as a gap-filler for the OCS, but that federal law applied in this case because it appropriately addressed the issue.10, Preview of 2019-2020: Sex Discrimination and Fiduciary Duty on the Docket, The Supreme Court granted certiorari for the October 2019 term in several cases with important employment law implications. 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. 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. OH&W subscriptions 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. 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. Three cases—Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. After being denied benefits on his first request, Kisor reopened his claim in 2006, offering supplemental records. The Supreme Court reversed, holding that a “wholly groundless” exception was inconsistent with the FAA where, as in the case before it, the parties had delegated arbitrability disputes to the arbitrator. Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home. Def. There were over 40 former employees named as plaintiffs in this action. People Analytics 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). The Supreme Court affirmed.4. 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. 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. The first two address sexual orientation, and the third gender identity.11. 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. The company appealed to the Ninth Circuit, which affirmed the classwide designation after applying California contract law principles, construing the agreement against the company as its drafter. Susan Coulson v RentPlus UK Ltd: 1402375/2019. The Ninth Circuit disagreed and held that prior salary – alone or in combination with other factors – could not justify a wage differential, because prior salary is not job-related and perpetuates the gender-based assumptions about the value of work that the EPA was designed to end. When the case reached the EAT, it held that the employer offered unlawful inducements when it attempted to bypass collective bargaining with a trade union by making pay offers directly to the union’s members. Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Features list 2020 Employers should be aware that employment tribunals can order employers to pay a fixed award of just over £4,000 to each claimant, meaning that the financial ramifications for a breach of this legislation can be serious. Another impactful case this year was that of A.B … Although the district court dismissed the lawsuit on this ground, the Fifth Circuit reversed, finding that the charge-filing requirement is not jurisdictional, but rather a prudential prerequisite to suit (i.e., failure to fulfill the requirement is an affirmative defense that should be pleaded), which the county waived by waiting too long to raise the defense. Sheila was a server at an Italian restaurant. Next term, among other issues, the Court has agreed to consider a trio of cases to assess whether Title VII of the Civil Rights Act of 1964’s employment discrimination provision “on the basis of sex” includes discrimination based on an individual’s sexual orientation and gender identity. Ensure that your organisation’s payslips are updated. Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement, Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption, Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation Provisions, Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps (UPDATED), Facing Your Face Mask Duties – A List of Statewide Orders (UPDATED), Henry Schein Inc v Archer and White Sales Inc, Parker Drilling Management Services Ltd v Newton, Chevron U.S.A. v. Natural Res. Contact us This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure. Employment Tribunal decision. 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. This includes the flagship case against Uber, which the Court of Appeal decided in December 2018. As a result, on reconsideration, the VA granted him benefits beginning with the date of his motion to reopen—but not from his original application. For example, the Court noted that, to be entitled to deference, an agency’s interpretation must be the official position of the agency (rather than an ad-hoc finding) and must implicate the agency’s substantive expertise. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. A finding of sex discrimination could force employers to reconsider their policies if they provide shared parental pay at the statutory level, but offer increased contractual maternity pay. Part two: Key employment law cases in 2019. The drilling company complied with federal laws on standby time, but allegedly did not comply with California’s minimum wage and standby laws. Privacy policy It offered criteria for courts to consider when making these determinations. 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. The VA concluded that the supplemental records describing Kisor’s trauma were not “relevant” to his request for reconsideration of benefits because, while they supported his trauma claim, they did not counter the earlier conclusion that he did not have PTSD at that time. The Supreme Court disagreed, examining the legislative history of the FAA, and determining its drafters intended the statute to cover all relationships between employers and their workers, regardless whether the workers are classified as employees or independent contractors. Mr Ali has appealed to the Court of Appeal. HR Systems Goonewardene v. ADP, LLC , … 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 is scheduled to hear Tillman on 21 and 22 January 2019. 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. The employer stated in the letters that a result of staff not agreeing to the pay deal on the table was that it would be unable to pay them their Christmas bonus that year. Performance & Engagement Tall and attractive, she liked to, as … DISCLAIMER: Because of the generality of this update, the information provided herein may not be … © Littler var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. 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. These cases will set the stage for the Court to consider several hotly contested legal arguments about whether sexual orientation and gender norms are included within the term “on the basis of sex” in the Civil Rights Act. Shameless Sheila. 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. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Employee Relations 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. From 6 April 2019, … The similar case Hextall v Chief Constable of Leicestershire Police is also being appealed to the Court of Appeal in 2019. The cases below highlight workers' rights related to sex and gender discrimination, race discrimination, age discrimination, and unfair labor practices. In relevant part, the new law reads: SECTION 2. 1 For a more detailed discussion of this case and how it affects employers and arbitration agreements, see Rachel Fendell Satinsky, Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption, Littler ASAP (Jan. 23, 2019). 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. 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). The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. The Court of Appeal is scheduled to hear Kostal on 22 or 23 May 2019. Employer does not … Pay disparities will be deemed lawful if they are made pursuant to: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of production; or (4) a differential based on any factor other than sex. Search U.S. Supreme Court Cases By Year 2019. Compensation & Benefits Employee Benefits Live, • Occupational Health & Wellbeing The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. In this case, an employee adversely impacted by a data breach at his company sued on behalf of himself and a putative class. On this basis only, the Supreme Court vacated Rizo and remanded the case back to the Ninth Circuit.5. As always, HR professionals have had their fair share of employment law cases to keep track of in 2019. Chicago Adopts Expansive Predictive Scheduling Ordinance – The Chicago City Council just … 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? 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. The High Court heard IWGB on 14 and 15 November 2018 and its decision was reserved. HR Director Email Newsletters 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. of Corrections & … 5, 2019). That will be the key question for the Supreme Court when it hears this case in 2019. Terms and conditions, • Employee Benefits Gibson Dunn & Crutcher LLP's employment practice has been a frequent defender of arbitration agreements, winning a series of cases … 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. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 72,675 charges of workplace discrimination the agency received in fiscal year 2019. The Supreme Court did not comment on the underlying finding regarding the catchall exception to the EPA, but, citing relevant judicial precedent, determined that because Judge Reinhart was not an active judge when the decision was issued, he was “without power” to participate in the en banc court’s decision at the time it was rendered. Health & Safety 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. Employment laws tend to come in waves, with particular themes for each era. Employment law Employment Relations (Triangular Employment) Amendment Act 2019 Employment Relations Amendment Act 2018 Legislation ... A summary of interesting or topical employment cases. The EPA delineates four defenses to this general rule. This trend for cases on employment status will continue into 2019, when we can expect to see: In 2019, we will find out from the Supreme Court whether or not a restrictive covenant that prevents an ex-employee from being “concerned or interested in” a competitor for six months is too wide to be enforceable. Important Cases We’ve organized important employment cases to help workers know their rights. 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. Rather, it is a non-jurisdictional, mandatory claim-processing rule that is a precondition for relief. 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. 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. Advertising specifications Long ago, child labor was common and legal. 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). Posted in 2019 Cal-Peculiarities Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). The Court of Appeal is scheduled to hear Ali and Hextall on 1 May 2019. v. Reese, et al. 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 … By way of background, the EPA requires employers to provide equal pay between employees for equal work. Henry Schein Inc. v. Archer and White Sales Inc. Employment Law 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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. By continuing to browse this website you accept the use of cookies. If the Supreme Court agrees with the Court of Appeal, employers may be scrambling to review their restrictive covenants to ensure that they are not drafted too widely. The Supreme Court upheld Auer deference. 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. Author: Stephen Simpson. 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. Further, the Court reasoned that the OCSLA applied only when there was no other federal law on point. The driver had signed an agreement with the company agreeing to resolve all work disputes via arbitration. The employee, however, claimed such payments were not for “active services” and, therefore, should not be considered taxable compensation. New Prime involved a truck driver who brought suit alleging wage and hour violations against a company for which he provided driving services. 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. Case Name Link to Summary and/or Decision : Issue: Decided February 21, 2018: Digital Realty Trust, Inc. v. Somers: HELD: Dodd-Frank's anti-retaliation provision is only available to those who report securities law violations to the SEC. 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. Recruitment & Resourcing Doe v. Dept. 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 clause stipulated that she should not “directly or indirectly engage or be concerned or interested in any business carried out in competition”. 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