Labor & Employment PracticeOn February 27, 2020, the Ninth Circuit in Rizo v. Yovino held that an employer cannot rely on an individual’s prior salary alone or in combination with other job-related factors to justify a wage disparity between a male and female employee when defending against an Equal Pay Act (EPA) claim. The EPA prohibits employers from paying male and female employees differently for the same work, with a few exceptions, including when a pay difference is based on a “factor other than sex.”
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Ninth Circuit Holds Prior Salary Alone or in Combination with Other Factors Cannot Justify Gender Pay Gaps Under The Equal Pay Act Posted on: March 11, 2020 In: Labor & Employment
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Four Tips to Mitigate Employee Whistleblower Claims in Healthcare Posted on: March 05, 2020 In: Labor & EmploymentEmployees are an employer’s largest potential liability. This is especially true for employers in the healthcare industry who participate in federal healthcare programs. Federal law, and some states, allows employees to bring a civil lawsuit against employers for alleged violations of federal law. Whistleblowers are particularly active in healthcare. 86% ($1.909 billion) of all whistleblower recoveries were recovered in the healthcare space.
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CBD in the Workplace & Potential Changes to Kentucky Law Posted on: March 03, 2020 In: Labor & EmploymentCompared to other states, marijuana laws in Kentucky are stringent, even for qualified medical patients. However, in 2017 the state’s legislature afforded statewide legal status for the consumption and retail sale of CBD products. Under state law, as long as CBD is derived from industrial hemp and less than 0.3% THC, it is legal to own CBD oil in Kentucky.
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Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & EmploymentThe Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
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Illinois Court Expands Reach of the Defend Trade Secrets Act, Opening Door for Increased Damages Posted on: February 26, 2020 In: Labor & EmploymentWhat is the geographical reach of the powerful trade secrets statute known as the Defend Trade Secrets Act, or DTSA? According to one judge in the Northern District of Illinois, the answer to this question is: the whole world!
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McVictory! Department of Labor Issues New Rules Reversing Broad Standard for Joint Employer Status Under Fair Labor Standards Act Posted on: February 25, 2020 In: Labor & EmploymentOn January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint employer status under the Fair Labor Standards Act (FLSA), under which one company can be held jointly and severally liable for another company’s FLSA wage and hour violations against its employees.
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Recent New Jersey Verdict Draws Into Focus Employer Liability for the Actions of Non-Employees Posted on: February 21, 2020 In: Labor & EmploymentA New Jersey jury recently awarded $2.4 million in damages against a financial institution for failing to adequately prevent an employee from being sexually assaulted by a customer. The threshold question of whether a company can be held liable for the conduct of a non-employee has been answered, at least in the Law Division in New Jersey, in the affirmative.
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California Supreme Court: Employers Must Pay For Time Spent During Bag Searches Posted on: February 20, 2020 In: Labor & EmploymentThe California Supreme Court recently ruled that employees must be paid for time spent during security searches before leaving work. Several retail store employees brought a putative class action suit against technology giant Apple, Inc. alleging that Apple violated California law by failing to pay employees for time spent waiting for Apple’s exit searches.
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Coronavirus – Employers, Be Smart! Be Prepared! Posted on: February 13, 2020 In: Labor & EmploymentGiven today’s increased globalization in business, supply chains, and travel, there is no other option for employers but to prepare properly for the next pandemic.
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Hairstyle Laws Further Complicate the Landscape for Employers in 2020 Posted on: January 30, 2020 In: Labor & EmploymentThe latest employment law trend sweeping the always trend-setting coastal jurisdictions is protection against bias based on hairstyle or hair texture. In 2019, California, New York, and New Jersey all adopted such statutes.
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Sexual Harassment by the Uninhibited Posted on: January 28, 2020 In: Labor & EmploymentMany of us know someone residing in a senior living community or long-term care facility and have heard stories of residents losing their inhibitions. There are stories of seniors being rude, saying things that are inappropriate, and experiencing sexual disinhibition. What we have not heard though is what happens when a caregiver is sexually harassed by a resident.
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What Exactly is “Associational Race Discrimination” under the FEHA? Posted on: January 07, 2020 In: Labor & EmploymentIn California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, national origin, religion, age, disability, sex and gender, among other categories. In addition, the FEHA provides an express cause of action for discrimination based on association with individuals in a category protected by the Act. These types of claims primarily arise in the context of disability discrimination.
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